The law forces inmates to choose between lethal injection, electric chair or firing squad, but if the drugs aren’t available for an injection, the inmate must pick one of the two other options.

In court records filed Friday, Moore said he disagrees with even having to make the decision, arguing the methods presented to him are “unconstitutional.”

“I do not believe or concede that either the firing squad or electrocution is legal or constitutional,” Moore argued in court records. “I do not believe the Department [of Corrections] should be allowed to certify that a statutorily prescribed method, such as lethal injection, is unavailable without demonstrating a good faith effort to make it available.”