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1 I, ESQ.
12 On behalf of the Petitioner 50
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3 CHIEF JUSTICE ROBERTS: We'll hear argument
4 first this morning in Hill v. McDonough.
5 Mr. Doss.
6 ORAL ARGUMENT OF D. TODD DOSS
7 ON BEHALF OF THE PETITIONER
8 MR. DOSS: Mr. Chief Justice, and may it
9 please the Court:
10 In Nelson v. Campbell, this Court held that a
11 challenge to procedures to execute an inmate may be
12 brought in a section 1983 action unless the challenge
13 would necessarily prevent the State from carrying out
14 its execution. Mr. Hill does not challenge the State's
15 right to execute him by lethal injection, but instead,
16 only challenges the particular protocol Florida
17 Department of Corrections in their discretion has
18 adopted. Mr. Hill's claim, thus, does not necessarily
19 prevent his execution, and his claim falls squarely
20 within the scope of Nelson, as announced by this Court.
21 The current claim -- the only focus of that
22 claim is the discretionary choice of the particular
23 injection procedure that has been chosen by the Florida
24 Department of Corrections. Therefore, it does not
25 violate Nelson because the relief sought would not