The Supreme Court voted 5-4 early Thursday to clear the way for the execution of Wesley Ira Purkey, lifting two injunctions that had temporarily halted the second federal execution in 17 years. Purkey was convicted of the grisly rape and murder of a 16-year-old girl in 1998, and his lawyers had argued his dementia was so advanced now he "no longer has a rational understanding of why the government plans to execute him." The same five conservative justices who had allowed the execution of Daniel Lewis Lee on Tuesday did not find that argument persuasive.
Justice Sonia Sotomayor wrote in her dissent that "proceeding with Purkey's execution now, despite the grave questions and factual findings regarding his mental competency, casts a shroud of constitutional doubt over the most irrevocable of injuries." Justices Ruth Bader Ginsburg, Elena Kagan, and Stephen Breyer joined her dissent. Lee had been strapped to the execution gurney for several hours while the high court weighed his appeal, and when the Supreme Court gave the green light, he was quickly injected with pentobarbital. Purkey's execution will likely take place in a similarly expedited fashion.
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