As we reported Tuesday, Jeffrey Borden, convicted of killing his wife and her father in 1993, received a stay of execution from the 11th Circuit Court in September. In response to the injunction issued by the 11th Circuit, the Alabama Attorney General’s office petitioned the U.S. Supreme Court to overturn that ruling.

After considering the petition, the Supreme Court is allowing the execution of Borden to proceed as planned. The decision was 5-3 in favor of the Alabama Attorney General’s office. The justices against were Justice Ginsburg, Justice Breyer, and Justice Sotomayor.

Borden received his stay after challenging the humaneness of Alabama’s three-drug lethal injection combination. Several other inmates, who faced lethal injection, entered the same challenge. However, none received a stay.

Based on the ruling by the Supreme Court, Borden’s execution is scheduled to proceed this afternoon. He has one last appeal through the district court, and his attorneys have indicated they intend to use it.