On Friday, May 4, a U.S. District Court Judge issued a Temporary Restraining Order precluding the State of Tennessee from executing Workman until a preliminary injunction hearing assesses the constitutionality of Tennessee's revised procedure for administering lethal injections. However, this restraining order was vacated by a two-to-one decision of the U.S. Court for Appeals for the Sixth Circuit on Monday, May 7 and Workman was moved to death watch. The decision to vacate the restraining order was stridently criticized, on both procedural and substantive grounds, by the dissenting Judge Cole. Judge Cole wrote, "The majority's opinion rests on a profound jurisdictional defect: There is no appealable order before this Court. The district court issued a temporary restraining order, not a preliminary injunction . . . The district court's TRO cannot be magically transformed into a preliminary injunction, which is an appealable order, even though the State and a majority of this Court may wish it."
