NASHVILLE (AP) — The Tennessee Supreme Court on Monday ruled the state's three-drug lethal injection protocol is constitutional, paving the way for the execution of Edmund Zagorski on Thursday.

Attorneys for the inmate have argued that the state's chosen method of execution violates the 8th Amendment ban on cruel and unusual punishment.

Attorney Kelley Henry said Monday that she will ask for a stay of Zagorski's execution to allow the U.S. Supreme Court time to review the case.

In an emailed statement, Henry wrote, "Today a divided Tennessee Supreme Court paved the way for torturous executions."

The majority opinion for the court found the inmates failed to prove there was a readily available alternative method of execution that would be more humane.

Justice Sharon Lee dissented.