The Arkansas Supreme Court this week is hearing arguments on the state's lethal injection procedures.
Attorneys on both sides were preparing their statements Tuesday, ready to argue whether our capital punishment laws should be declared unconstitutional.
The state hasn't had an execution since 2005.
But the question here isn't whether the state should execute the 10 death row inmates named in this suit: it's how.
Last year, a judge struck down a portion of the law that allows the director of the department of correction to use any chemical in the lethal injection cocktail saying it was unconstitutional.
Attorneys for the inmates argue certain drug combinations could make the process too painful: meaning it would be cruel or unusual punishment as defined under the US Constitution
The state argues the law should stand as is.
The man who signs the death warrants, Governor Mike Beebe says he still agrees with capital punishment, but says it must be done with care.
"If it's going to be done, it needs to be done in the least painful one that doesn't violate cruel and unusual way," said Governor Beebe.
The governor says he and many others await the court's decision.
While arguments are Thursday, a decision may be weeks or months away.