(ORDER LIST: 552 U.S.)

TUESDAY, OCTOBER 16, 2007

ORDER IN PENDING CASE 07A311 NORRIS, DIR., AR DOC, ET AL. V. JONES, JACK H.

The application to vacate the stay of execution of sentence

of death entered by the United States Court of Appeals for the

Eighth Circuit on October 11, 2007, presented to Justice Alito

and by him referred to the Court, is denied.

Justice Scalia, dissenting.

I vote to grant the State’s application to vacate the stay

because in my view the decision of the Eighth Circuit was based

on the mistaken premise that our grant of certiorari in Baze v.

Rees, ___ S. Ct. ___ (2007), calls for the stay of every

execution in which an individual raises an Eighth Amendment

challenge to the lethal injection protocol. The grant of

certiorari in a single case does not alter the application of

normal rules of procedure, including those related to timeliness.

In this case, Jones’s challenge to the lethal injection protocol,

which was brought nine years after his conviction and sentence

became final, was dilatory.