Justice Clarence Thomas wrote a separate, one-paragraph concurring opinion to respond to Justice Kennedy's concurring opinion. He wrote that the "accommodations in which Ayala is housed are a far sight more spacious than those in which his victims, Ernesto Dominguez Mendez, Marcos Antonio Zamora, and Jose Luis Rositas, now rest". Justice Thomas also noted that because Ayala's victims were all 31 years of age or younger, "Ayala will soon have had as much or more time to enjoy those accommodations as his victims had time to enjoy this Earth".
