Kansas City (KCTV) -- Lisa Montgomery’s execution date is being argued before the courts.

Attorneys representing the federal government want the courts to consider how many delays have taken place and what that does to victim’s families.

“The Supreme Court has repeatedly recognized the Government and the victims’ compelling interest in the timely enforcement of a death sentence.”

They are asking the courts to reconsider keeping that January 12 date.

A district court judge ruled on Christmas Eve that Montgomery should not have had an execution date set during a stay of execution.

Montgomery was granted that stay due to her legal team contracting COVID. Lawyers successfully argued they should have more time to prepare a clemency petition.

The execution date moved from December 8 to January 12.

Montgomery’s lawyers say her execution should not take place period because she is mentally ill and has brain damage.

They have been most successful at delaying the execution due to legal technicalities.

Many have pointed out the obvious strategy of delaying the execution to when President-elect Biden takes office. Mr. Biden has publicly said he does not support the federal death penalty.

Montgomery murdered Bobbie Jo Stinnett back in 2004 in the small town of Skidmore, Missouri. The case made national news because it was so heinous.

Montgomery strangled Stinnett who was eight months pregnant then cut her open and removed the baby. The infant survived and was recovered the next day at a farmhouse in Melvern, Kansas.

The child is now a 16 year-old teenager and lives with her father.

The Stinnett family has asked for privacy as the execution date draws closer.

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