Update, 5/3 1:38PT: The Supreme Court denied a stay today, reports Garry Mitchell for AP.
The death penalty has been in a deep plane of anesthesia due to the litigation over lethal injection. Well, except in Texas. But it may be coming out of it. Ohio carried out an execution April 24. The execution of Aaron Jones is scheduled for tomorrow in Alabama for the murder of Willene and Carl Nelson in 1978. Exercising the authority confirmed by the Supreme Court last year in Hill v. McDonough, the District Court denied the stay that Jones requested for his eleventh-hour attack on lethal injection, an attack he could have made years ago. The Eleventh Circuit affirmed. Jones has applied to the Supreme Court for a stay. The docket is here.
If method-of-execution claims brought by inmates nearing execution can be rejected on timeliness grounds, the value of such litigation for the anti side drops dramatically. On a full examination of the merits, the fact that we are now using more than triple the thiopental dose recommended for euthanasia by the Dutch pharmacists should be more than sufficient to refute any claim that the method is cruel. See also here. This is really about delay, not pain.