PS. And bear in mind that this is not a case about dotting Is and crossing Ts. They are not debating whether he was correctly convicted and sentenced (that was actually rejected 9-0, at least on the basis that the legal system is inherently biased). It is a challenge to the constitutionality of lethal injection.
And is the same challenge that the Supreme Court allowed to go ahead in Florida a week ago. Allowing this challenge to go forward will allow the Supreme Court a choice on which case to take and make the ultimate ruling on. It is at that point where the rubber meets the road.