penalty? at least two supreme court justices question whether the death penalty is constitutional raising the possibility the high court could revisit the issue. and interesting to note here justin briar was the only justice to come out today saying he would have granted the stay of execution putting that execution on hold. and also of course we ve heard from oklahoma s governor fallon who has said this execution should move forward. he was, she said in charge of the murder of this father of several children and this is the justice that he deserves. so very divide. this controversial method that has failed in the past is that going to be used to put glossip to death? right. in fact jake he is going to be the first person to be put to death with this controversial protocol including the medazalam at the center of the debate. pamela brown, thanks so much. appreciate it. coming up joaquin now officially a hurricane. experts predict it will strengthen more.