Idaho's news media, led by the Associated Press, have filed a notice of appeal to the 9th Circuit U.S. Court of Appeals of a federal judge's decision today against issuing a preliminary injunction over constitutional problems with Idaho's execution procedure. The 9th Circuit will hear arguments on Thursday. U.S. District Judge Edward Lodge today ruled that the case is strong on the merits, but just poorly timed, coming so close to the scheduled June 12 execution of Richard Leavitt. Lodge, while ruling against the injunction, said he'd like to hold full evidentiary hearings in the case, which questions restrictions that block witnesses from seeing the early portion of the lethal injection process, including the insertion of IVs. A 2002 9th Circuit case ruled that such restrictions violate the First Amendment.