Wendy Kelley

Summary

The court held that it had jurisdiction over the interlocutory appeal because the circuit court’s rulings resolved ADC’s sovereign-immunity arguments. It reversed and dismissed the prisoners’ claims, concluding that they failed to plead or establish a feasible, readily implementable alternative to the challenged execution protocol and that the confidentiality provisions did not violate due process, free speech and press rights, the Contract Clause, or the Publication Clause. Justice Wynne concurred in part and dissented in part, arguing that the execution-method claim presented a triable issue and that the confidentiality provisions violated the Publication Clause; Justices Hart and Danielson separately dissented on pleading, preservation, and jurisdictional grounds.