Issues: (1) Whether an Alabama death row inmate has shown that pentobarbital is “available” to the Alabama Department of Corrections when he proves that pentobarbital is easily made by any compounding pharmacy, multiple states are presently able to obtain the drug for use in executions and the ADOC failed to undertake “ordinary transactional efforts” to obtain the drug; and (2) whether, if a state’s lethal-injection protocol will cause the inmate to experience gruesome and brutal pain, the state is entitled to proceed with the execution anyway, merely because the state cannot immediately obtain alternative drugs known to be effective in accomplishing a humane lethal-injection execution.
Petition DENIED. Justice Thomas, with whom Justice Alito and Justice Gorsuch join, concurring in the denial of certiorari. (Detached Opinion)
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