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Emergency application

Lethal injection risks

James Duckett v. Ron Desantis, Governor of Florida

Denied
No. 26A129Emergency applicationFiled by a private partyPresented to Justice ThomasFrom United States Court of Appeals for the Eleventh Circuit

What did the Court do?

The Court denied the request on July 28, 2026.

Emergency rulings are temporary and do not decide the underlying case.

Filed Ruled 1 day after filing

What's being asked

Florida prisoners James Duckett and Dominick Occhicone ask the Supreme Court to pause their executions while it considers their request for review. Duckett says Florida’s destructive DNA testing prevented independent testing of key evidence; he seeks testing of similar items. Occhicone challenges Florida’s lethal-injection procedures, saying the state used expired drugs and his age and declining health could increase his suffering. Governor Ron DeSantis and other Florida officials are the opposing parties.

What the Court did

The Court refused to pause the executions (denied the stay applications, meaning requests for a temporary pause). It also refused Supreme Court review, denying the petition for certiorari (a request for the Court to hear the case). The Court did not publish how the justices voted; its order does not decide the prisoners’ underlying claims.

Vote not published · 9the order does not say how they voted
  1. Roberts
  2. Thomas
  3. Alito
  4. Sotomayor
  5. Kagan
  6. Gorsuch
  7. Kavanaugh
  8. Barrett
  9. Jackson
The order does not say how any justice voted, as is usual on the emergency docket.
Half of 252 rulings on applications decided without a response came 8 to 30 days after filing, and the median was 14 days; this one was ruled on 1 day after filing.

What it means

The emergency request sought a temporary pause; the Court’s order did not decide who was right on the underlying claims. The application says the Eleventh Circuit upheld the district court’s earlier denial of a pause, but gives no later proceedings there. The docket lists no related case on the main legal questions, and the Court set no argument.

Sources

Facts on this page come from the Supreme Court docket, orders, and opinions for No. 26A129. The answers restate that record in plain words; explainer copy is written from the record and the filings only.

Checked October 4, 2026