Term Year 2016

Arthur v. Dunn

The application for stay of execution of sentence of death presented to JUSTICE THOMAS and by him referred to the Court is denied. The petition for a writ of certiorari is denied. The order heretofore entered by JUSTICE THOMAS is vacated. JUSTICE SOTOMAYOR, dissenting from denial of application for stay and denial of certiorari. Alabama plans to execute Thomas Arthur tonight using a three-drug lethal-injection protocol that uses midazolam as a sedative. I continue to doubt whether midazolam is capable of rendering prisoners insensate to the excruciating pain of lethal injection and thus whether midazolam may be constitutionally used in lethal injection protocols. See Arthur v. Dunn, 580 U. S. , _ (2017) (SOTOMAYOR, J., dissenting from denial of certiorari) (slip op., at 16–17); Glossip v. Gross, 576 U. S. , –_ (2015) (SOTOMAYOR, J., dissenting) (slip op., at 10–22). Here, the State has—with the blessing of the courts below—compounded the risks inherent in the use of midazolam by denying Arthur’s counsel access to a phone through which to seek legal relief if the execution fails to proceed as planned. Prisoners p