On June 29, 2015, the Supreme Court issued its decision in Glossip v. Gross. This case concerned three questions. The first was whether it is constitutional for a state to execute an inmate by administering a three-drug protocol in which a) there is some scientific agreement that the first drug does not sufficiently relieve pain or consistently render a person in a deep state of unconsciousness, and b) there is a substantial risk that administration of the second and third drugs would cause significant pain to a still-conscious prisoner. The second question was whether the plurality stay standard of Baze v. Rees is applicable when states are using a different execution protocol than the one involved in Baze v. Rees. The third question was whether, if a state's protocol for lethal injection will violate the Eighth Amendment, the legal duty to propose a different drug falls upon the prisoner. -- In an opinion written by Justice Alito, the Court held by a vote of 5-4 that the prisoners failed to establish a likelihood of success on the merits of their claim that the administration of midazolam as the first drug in a three drug execution protocol violates the Eighth Amendment. The Court also held that to prevail on an Eighth Amendment method-of-execution claim, the prisoner is required to prove that the protocol creates a "demonstrated risk" of severe pain and that the risk is substantial relative to available alternatives. -- Chief Justice Roberts and Justices Scalia, Kennedy, and Thomas joined the opinion of the Court. Justice Scalia filed a concurring opinion which Justice Thomas joined. Justice Thomas filed a concurring opinion which Justice Scalia joined. Justice Breyer filed a dissenting opinion, which Justices Ginsburg, Breyer and Kagan joined. The judgment of the Tenth Circuit was affirmed. -- To discuss the case, we have Kent S. Scheidegger, who is Legal Director & General Counsel at the Criminal Justice Legal Foundation.