Jeffery Lee murdered two people during a pawnshop robbery in Orrville, Alabama, in 1998. He was convicted of capital murder and sentenced to death — though the jury voted 7-5 for life, and the judge overrode it under a practice Alabama subsequently abolished. Twenty-six years later, he is still alive — not because the courts have doubted his guilt, but because they cannot agree on how Alabama is permitted to kill him.

That is the Eighth Amendment in 2026.