BIRMINGHAM, Ala. (WIAT) — The U.S. Supreme Court may ultimately decide the fate of Alabama death row inmate Matthew Reeves.

In a decision issued Wednesday afternoon, the Eleventh Circuit Court of Appeals rejected the state of Alabama’s appeal of a district court order that prevents Reeves from being executed by lethal injection.

The Attorney General’s office has announced plans to appeal the decision to the US Supreme Court. If the court chooses to take up the case, they could lift the stay and allow Reeves’ execution to proceed.

Wednesday’s ruling by the federal circuit court said that U.S. District Court Judge R. Austin Huffaker did not abuse his discretion when he ruled that Matthew Reeves is “substantially likely” to win a lawsuit claiming that state prison officials violated his rights under the Americans with Disabilities Act.

Even with a stay of execution in place, state officials have moved forward with planning for Reeves’ execution, which is scheduled for 6 p.m. on Thursday, Jan. 27.