If President-elect Joe Biden wants to stop the execution of the only woman on death row, he may get the chance. When the Justice Department set an execution date of Jan. 12 for Lisa Montgomery, they did so illegally, a judge ruled on Wednesday. Since a stay of execution was in place, Montgomery’s death cannot be rescheduled until at least Jan. 1. As a result—and because Justice Department guidelines stipulate that a death row inmate should be notified at least 20 days before their execution—it’s likely that Montgomery will not be put to death until Biden’s inauguration on Jan. 20. Notably, a spokesman for Biden has said he “opposes the death penalty now and in the future” and would work to end its use in office. Montgomery was sentenced to death after she was convicted in the Skidmore, Missouri strangling of 23-year-old Bobbie Jo Stinnett, who was eight months pregnant. Afterward, Montgomery used a kitchen knife to cut the baby from Stinnett’s womb.