Texas is scheduled to execute Jamaal Howard, 46, by lethal injection tonight for the 2000 shooting death of convenience store clerk Vickie Swartout, 42, during a robbery in Silsbee. Prosecutors said surveillance video captured the shooting, and Howard took $114 and a carton of cigarettes. He was convicted of capital murder and has spent more than two decades on death row.

If it moves forward, it would be the 30th execution in the United States this year and the seventh in Texas. It would also be the first scheduled American execution since Tennessee’s failed attempt to execute Christa Pike last week. Howard’s attorneys argue he is intellectually disabled and should be spared, and their appeal is pending before the U.S. Supreme Court. The state contends he has not presented sufficient evidence to support that claim.

The case lands in the middle of a broader national debate over intellectual disability standards and the reliability of lethal injection. Texas continues to carry out executions at a pace no other state matches, even as several states have paused or slowed their own. Whatever the Supreme Court decides, the questions raised by this case and the one in Tennessee aren’t likely to fade.

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