Echoing his 2015 dissenting opinion in Glossip v. Gross, where the Supreme Court upheld Oklahoma’s three-drug lethal injection protocol, Justice Breyer asked the Court to reconsider the constitutionality of capital punishment in his concurring opinion in Dunn v. Madison.
Vernon Madison was sentenced to the death for the 1985 murder of a police officer. In 2016 he argued he was no longer competent to be executed due to a series of strokes. His psychologist and the state’s psychologist agree that Madison understands that he is being executed in retribution for murder. But he doesn’t remember killing anyone.