Russell Bucklew, Petitioner v. Anne L. Precythe

Summary

The Court held that the Baze-Glossip framework governs all Eighth Amendment method-of-execution challenges — facial and as-applied alike — so an inmate must identify a feasible, readily implemented alternative that would significantly reduce a substantial risk of severe pain and that the State refused to adopt without a legitimate penological reason. Applying that test after summary judgment, the Court concluded that Russell Bucklew's nitrogen hypoxia proposal was too undeveloped to be readily implemented, that Missouri legitimately declined to be the first to try an untried and untested method, and that nothing in the record showed nitrogen would significantly reduce the pain risk created by his cavernous hemangioma, entitling the State to summary judgment. The Eighth Circuit's judgment was therefore affirmed. Justice Thomas and Justice Kavanaugh filed concurring opinions; Justice Breyer dissented (joined by Justices Ginsburg, Sotomayor, and Kagan as to all but Part III), arguing the expert disputes required trial and that the alternative-method requirement should not extend to as-applied claims; Justice Sotomayor dissented separately, contesting the Court's closing dicta on late-arising stay requests.