Arkansas Department of Correction and Wendy Kelley

Summary

Justice Womack concurred with the conclusion that lot, control, and batch numbers must be redacted because they may identify proximate sellers or suppliers of midazolam. He dissented from the conclusion that drug manufacturers are outside the Method of Execution Act's confidentiality protection for entities that sell or supply execution drugs, reasoning that manufacturers fall within the ordinary meaning of those terms and that the statute's disclosure provision can operate harmoniously with that interpretation. Chief Justice Kemp, joined by Justice Wynne, concurred in part and dissented in part, agreeing that manufacturers' identities are not protected but would have affirmed the circuit court's order requiring disclosure of the unredacted records.