The Dobbs 5 (+1) permits execution of man a jury voted 11-1 not to give the death penalty

Let’s check in on the Party of Life (TM):

All 12 jurors agreed to convict Kenneth Eugene Smith in the 1988 murder of a pastor’s wife in Alabama, but when it came time to recommend a sentence, 11 of them voted to spare him and instead send him to prison for life.

But the judge overruled the jury and sentenced Mr. Smith to death, a practice that Alabama banned in 2017 and that is no longer allowed anywhere in the United States. That ban did not apply to prior cases, however, and Mr. Smith, 57, was set to be executed on Thursday evening at a prison in southwest Alabama.

The execution was thrown into doubt late on Thursday when an appeals court temporarily halted it, but the Supreme Court overturned that decision and allowed it to move forward about an hour and a half before the state’s death warrant was to expire at midnight Central time. The high court’s order did not include any reasons for overturning the stay, but its three liberal justices — Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson — said they would have kept it in place.

The arbitrariness and capriciousness are the point!