Hamm v. Smith

Summary

Justice Thomas, joined by Justice Alito, dissents from the Court's denial of a petition for a writ of certiorari. The dissent argues that the Eleventh Circuit erred in holding that the petitioner satisfied the pleading burden for an Eighth Amendment method‑of‑execution claim by merely pointing to a statutory authorization of nitrogen hypoxia, without showing its feasibility. Thomas contends that the Court should have corrected this error.