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Another ugly moment in the sordid history of American capital punishment.
The procedural posture of tonight’s death penalty case is important. The 11th Circuit (which covers Alabama, Florida, and Georgia) wanted to slow down and hear this prisoner’s First Amendment appeal. SCOTUS blew that appeals process up without hearing any arguments itself. 
Preventing a lower court from hearing an appeal in a capital case is a radical move from the SCOTUS majority. And, although Solicitor Gen. Noel Francisco’s office isn’t involved, it appears calculated to encourage the aggressive cert before judgment strategy he has been pursuing.
The paper thin rationale the SCOTUS majority offered for its action is that the application for a stay was filed recently and “a court MAY” take that into account. But the 11th Cir didn’t see it as a relevant factor and Justice Kagan ably explains why Ray couldn’t file sooner.
