This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
Background and question before the Court
What each side argues
What happened at oral argument
Justice Sotomayor asked if she could give an example from the early litigation.
According to Justice Scalia, justice Scalia inquired about the meaning of a “volunteer issue,” prompting clarification that it refers to a defendant who chooses not to pursue remedies and prefers execution.
Mr. Waxman noted that while the appeal was pending, the respondent filed a Rule 60(b) motion seeking relief based on newly discovered evidence.
What the Court decided
Why it matters
Terms to know
- volunteer issue
- A volunteer issue is when someone says they do not want to pursue their remedies and simply want to be executed.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 3ead0746394d20a1f585-r1-5921cebd03841ea3.pdforal argument transcript
Guide generated September 24, 2026. Automated validation accepted this version.