Anthony Boyd v. Warden,Holman Correctional Facility

Arthur1 is binding law in this circuit, and under that precedent, we must dismiss Anthony Boyd’s method-of-execution claim and ancillary due process claim. However, I dissented in Arthur and continue to believe it was wrongly decided. But for Arthur, I would reverse the district court’s dismissal of Boyd’s method-of-execution *878and due process claims. I write separately to explain why, and to note that much of the Majority opinion is dicta with which I disagree.

1. METHOD-OF-EXECUTION CLAIM

The Majority affirms the dismissal of Boyd’s method-of-execution claim based on the finding that Boyd has…