The 9th Circuit Court of Appeals on Friday denied an emergency motion by Loughner’s attorneys to keep prison officials in Missouri from giving him a psychotropic drug.

In a 73-page filing late Wednesday, Loughner’s attorneys say the prison “should be permanently enjoined from forcibly medicating” him. They say it violates Loughner’s right to due process.

Federal prosecutors claim Loughner should remain medicated because he may be a danger to himself and his mental and physical condition has been rapidly deteriorating.

Loughner has pleaded not guilty to 49 charges in the Jan. 8 shooting spree that killed six people and wounded 13 others, including US Rep. Gabrielle Giffords.