Smith v. Hamm

Summary

Justice Sotomayor (joined by Justice Kagan) dissents from the Supreme Court’s denial of a stay of execution and denial of certiorari in Smith v. Hamm. The dissent argues that Alabama’s novel nitrogen‑hypoxia execution method poses a substantial risk of severe pain and cruel and unusual punishment, and that the lower courts applied an overly stringent standard for a preliminary injunction. The dissent would grant the stay and review the case on the merits.