Whether the burden of proof demanded by Glossip in method-of-execution challenges requires commensurately broad discovery rights to provide plaintiffs an adequate opportunity to meet Glossip's requirements

QUESTIONS PRESENTED Death-sentenced Petitioners Richard Jordan and Ricky Chase filed a Section 1983 lawsuit against officers of the Mississippi Department of Corrections (MDOC) challenging the use of midazolam in a threedrug protocol and the three-drug protocol itself. To meet the burden of Glossip v. Gross, 135 S. Ct. 2726, 2738 (2015), Petitioners proposed the alternative method of a single lethal dose of pentobarbital, which would eliminate the risks of the second and third drugs in MDOC’s protocol. MDOC disputes that it can obtain pentobarbital for use in executions. To disprove MDOC’s assertions, Petitioners sought discovery from Respondent Virginia Department of Corrections (VDOC) for documents and testimony on transactions for pentobarbital between VDOC and the Texas _ corrections department, and data on five prior Virginia executions. Respondent produced some documents and otherwise successfully moved the district court to quash. The Fourth Circuit affirmed. This ruling presents the following questions for review by this Court: 1. Whether the burden of proof demanded by Glossip in method-of-execution challenges requires commensurately broad discovery rights to provide plaintiffs an adequate opportunity to meet Glossip’s requirements. i 2. Whether condemned prisoners bringing method-of-execution challenges under Glossip must be allowed a _ reasonable opportunity to secure discovery from corrections departments outside their state to meet the requirement to prove a “known, available alternative” to the method they challenge. ii LIST OF PROCEEDINGS Jordan, et al. v. Hall, et al., No. (S.D. Miss.) Missouri Dep't of Corr. v. Jordan et al., 2:16-mc09005-SRB, rev'd, In re: Missouri Dep't of Corr., No. 16-3072 (8th Cir.), mandate issued Dec. 6, 2016), cert. denied, Jordan et al. v. Missouri Dep't of Corr., No. 16-8158 (May 22, 2017). Georgia Dep't of Corr. v. Jordan et al., aff'd, Jordan v. Comm'r, Miss. Dep't of Corr., No. 17-12948 (11th Cir.), opinion issued Nov. 19, 2018, pet. for reh'g pending in 11th Circuit. iii