Opinions Relating to Orders - 2018

Price 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 applications for leave to file the application for stay and the response under seal with redacted copies for the public record are granted. JUSTICE BREYER, with whom JUSTICE GINSBURG joins, and with whom JUSTICE SOTOMAYOR and JUSTICE KAGAN join as to all but Part II, dissenting from denial of application for stay. Christopher Lee Price seeks to be executed by nitrogen hypoxia rather than Alabama’s current lethal injection protocol. He claims that executing him by lethal injection will violate his Eighth Amendment right not to be subjected to cruel and unusual punishment. A trial on this claim is scheduled to begin on June 10—only 11 days from today. He has asked this Court to temporarily stay his execution to allow the trial to proceed. I would grant his application. I As I explained the last time this case was before us, the Court of Appeals for the Eleventh Circuit has held that nitrogen hypoxia is an available, feasible, and readily implemented alternative in Alabama. See Dunn v. Price, 587 U. S. , (2019) (BREYER, J., dissenting from grant of application to vacate stay) (slip op., at 2); see also Price v. Comm’r, Dept. o