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The U.S. Supreme Court recently delivered three consequential rulings concerning death penalty cases, two favoring the inmates. In Whitton v. Dixon, the Court sided with Gary Richard Whitton, highlighting procedural due process violations after the U.S. Court of Appeals for the 11th Circuit improperly evaluated DNA evidence not presented at the trial. This marked the second such decision in a week.
Earlier, in Pitchford v. Cain, the Court overturned Terry Pitchford’s conviction and death sentence due to improper jury selection analysis, emphasizing the constitutional prohibition against racial discrimination. During the same period, the Court dismissed Hamm v. Smith as “improvidently granted,” thereby maintaining a lower court’s decision preventing the execution of Joseph Smith, ruled intellectually disabled under Supreme Court precedent.
Despite these rulings, the Supreme Court has shown reticence in granting stays of execution during its emergency docket, having denied over 75 requests for stays since July 2024. This reticence contrasts with a nationwide resurgence in capital punishment, propelled by various state actions and encouragement from President Donald Trump since his return to office. This resurgence culminated in a record 47 executions in 2025, the highest since 2009, as highlighted in prior reports.
This year, 14 executions have already occurred, with the Death Penalty Information Center noting 11 more scheduled. The Court, however, has continuously denied requests to delay executions, including a recent decision allowing the execution of Edward Lee Busby despite concerns over intellectual disabilities. This has prompted dissent from Justices like Elena Kagan and Ketanji Brown Jackson, the latter’s dissent critiquing the majority’s refusal to delay executions.
These decisions continue a visible trend in the Court’s handling of capital cases, where greater success is found on the oral argument docket than emergency stays. Looking ahead, the Court is anticipated to review a capital punishment method case, specifically nitrogen gas execution challenges, potentially impacting future death penalty protocols. For more context on these developments, see the detailed analysis from SCOTUSblog.
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