Tennessee's planned execution splits Sixth Circuit again

As a commentor noted here in my latest post about the lethal injection litigation nationwide, the Sixth Circuit today denied rehearing en banc in the Alley case from Tennessee by a vote of 7-6. Two separate dissents can be accessed here.  Here is a snippet from Judge Martin's dissent:

Alley raises troubling allegations about the suffering involved in death by lethal injection, and should be allowed his day in court, particularly given that he has presented his legal challenge as promptly as he reasonably could have.  The panel's attempt to short-circuit his claim through the misapplication of a principle of equity does a disservice to the Constitution and its prohibition of cruel and unusual punishment, in addition to being incorrect.