WASHINGTON (AP) _ An appeal was filed Saturday with the Supreme Court to allow Timothy McVeigh's execution to be videotaped.
A federal appeals court on Friday overturned a judge's order that McVeigh's execution, scheduled for Monday, be videotaped for an unrelated case in which it is alleged that the death penalty is cruel and unusual punishment.
The appeal first goes to Justice David H. Souter, who has jurisdiction over Pennsylvania, from which the case originated.
It was not clear whether he would act alone on the appeal or refer the matter to the full court. It also was not immediately known whether the government would respond.
The issue came to light on Thursday when U.S. District Judge Maurice B. Cohill in Pittsburgh granted the request to tape McVeigh's execution.
The request came from lawyers in an unrelated case who are trying to show the death penalty violates the Eighth Amendment ban on cruel and unusual punishment.
The 3rd U.S. Circuit Court of Appeals Judge in Philadelphia then blocked the videotaping order, prompting Saturday's appeal to the Supreme Court.
The Justice Department opposes any videotaping, citing a federal regulation that prohibits any photographic, visual or audio recording of executions.