states like ohio, mississippi, arkansas, and alabam, they do have a supply. there was concern over whether or not arizona could get a hold of it to resume executions. while the state promised not to use the drug, attorneys say if not, then what? they will be killed with. i spoke with the department of death division for arizona that is a big reason why the state did not accept the argument. >> the judge is not going to blindly accept what he hears from the state. i think that is wise on his part. what does the state's statement that we won't use it mean. what if that changes if there is a new director of the department of corrections? what does that mean if there is a new attorney general? what does it mean if there is a different governor? what does it mean if we wake up tomorrow and say it is a whole new world? >> reporter: basically, there is a lot of unseasonty. the judge wants to further explain why they think the lawsuit is moot. before they argue they don't they know the other states do, the argument is not strong enough. until they revise the argument