The state argued the decision disregarded Supreme Court precedent that an inmate challenging an execution method must show that an alternative method is readily available, not just feasible.
Smith was scheduled to be put to death by lethal injection on Nov. 17, 2022, for the 1988 murder-for-hire slaying of a preacher’s wife. Justices Clarence Thomas and Samuel Alito dissented from the Supreme Court’s opinion, saying they would hear the case. Alabama Gov. Kay Ivey in November announced a pause in executions to conduct an internal review of procedures. The review came after problems with intravenous lines caused multiple executions to be canceled or delayed. The state is seeking to resume executions this summer.
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