The Supreme Court, over three dissents, vacated Lisa Montgomery's stay of execution set in place by United States Court of Appeals for the District of Columbia Circuit around 8 p.m. on Tuesday. See previous coverage here. The Supreme Court vacatur order did not include a written opinion. Justice Breyer, Justice Sotomayor, and Justice Kagan would have denied the application and upheld the stay of execution.
The U.S. Court of Appeals for the Eighth Circuit execution stay remains in place and the government appeal is pending before the Supreme Court.
If executed, Montgomery will become the 11th person put to death by the federal government in the last seven months.