Guerrero v. Busby

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1 Cite as: 608 U. S. ____ (2026)
J
ACKSON, J., dissenting
SUPREME COURT OF THE UNITED STATES
No. 25A1235
ERIC GUERRERO, DIRECTOR, TEXAS DEPARTMENT
OF CRIMINAL JUSTICE, CORRECTIONAL
INSTITUTIONS DIVISION v. EDWARD
LEE BUSBY
ON APPLICATION TO VACATE STAY
[May 14, 2026]
The application to vacate stay of execution of sentence of
death presented to J
USTICE ALITO and by him referred to
the Court is granted. The May 8, 2026 order of the United
States Court of Appeals for the Fifth Circuit, case Nos. 26–
70004 and 26–10354, granting a stay of execution is va-
cated.
J
USTICE KAGAN would deny the application to vacate the
stay of execution.
J
USTICE JACKSON, with whom JUSTICE SOTOMAYOR joins,
dissenting from grant of application to vacate stay.
Edward Busby’s expert concluded that Busby is intellec-
tually disabled. Texas’s expert agreed. Recognizing the
constitutional implications of that assessment, Texas joined
Busby in asking the Texas courts to find Busby ineligible
for execution. After the Texas courts refused, Texas
changed its mind, opting to proceed with the execution it
once tried to abandon. The Fifth Circuit then temporarily
stayed the execution. This was a modest, responsible step
taken to allow that court to determine whether Busby is en-
titled to habeas relief before it is too late.
Today, the Court finds itself unable to tolerate even a
brief delay. Lifting the Fifth Circuit’s stay, the Court
grants emergency relief to ensure that Texas’s current

2 GUERRERO v. BUSBY
J
ACKSON, J., dissenting
inclination (that it must execute Busby tonight) wins out
over its former one (that it could not execute Busby at all).
In capital cases, we rarely intervene to preserve life. I
cannot understand the Court’s rush to extinguish it, much
less in the circumstances of this case. With respect, I dis-
sent.