Thomas was one of two justices who dissented in a Supreme Court ruling on an Alabama death row inmate's request regarding lethal injection on Monday.
. Alabama state statute allows for prisoners to request nitrogen hypoxia instead, but the state lacks the experience to conduct the execution.
Thomas argued that the circuit court's ruling was"serious enough to warrant correction," a position that seven of the nine justices disagreed with. Thomas, who was joined by Justicein his dissent, scolded his colleagues for what he called a missed opportunity to correct an issue that has delayed executions in the past. He wrote that Alabama death row inmates could use the argument in the future to continue to delay their executions.
U.S. Supreme Court Associate Justice Clarence Thomas poses for the official photo at the Supreme Court in Washington, D.C., on October 7, 2022. On May 15, 2023, Thomas disagreed with his fellow justices when the court denied to hear a case regarding the death penalty and the Eighth Amendment.
The same argument was used by inmate Christopher Lee Price ahead of his execution in 2019. The Eleventh Circuit also sided with Price in that instance, but the decision was reversed by the Supreme Court, and Price was executed by lethal injection. "The Eleventh Circuit's flawed logic in Price has already forced us to intervene in one last-minute capital emergency," Thomas argued."This petition offered an opportunity, which may well prove unique, to consider and correct Price's faulty reasoning outside of that posture. Because the Court declines that opportunity, I respectfully dissent."
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