At one point on Thursday night, the Supreme Court nearly halted Mr. Lee’s execution, but decided, 5 to 4, to allow the state to proceed with its plan, which had called for eight prisoners to be put to death over less than two weeks. The court’s majority — which included the newest justice, Neil M. Gorsuch — did not explain its decision, but in a dissent, Justice Stephen G. Breyer complained about how the state had established its execution schedule because of the approaching expiration date of Arkansas’s stock of midazolam.
“In my view, that factor, when considered as a determining factor separating those who live from those who die, is close to random,” Justice Breyer wrote. “I have previously noted the arbitrariness with which executions are carried out in this country. The cases now before us reinforce that point.”Read more