#SCOTUS also is expected to consider at least one petition and request for a stay of execution in Brandon Bernard's federal execution case. Here's the docket for the filed request: supremecourt.gov/DocketPDF/20/2…
Update: Alan Dershowitz has joined the legal team fighting to keep Brandon Bernard alive tonight. Dershowitz could, of course, also urge Trump to act to save Bernard's life.
Update 2: Ken Starr has also joined Brandon Bernard’s legal team, and seeks a 14-day administrative stay of execution.
BREAKING: #SCOTUS denies #BrandonBernard's application for a stay of execution. Justices Breyer, Sotomayor, and Kagan would have granted a stay.
A person who was not the gunman in a killing that he was involved in but that took place when he was 18 years old is now being killed by the federal government under an administration that lost re-election to a candidate who opposes the death penalty.
This is America.
The federal government has killed Brandon Bernard. RIP.
The orders include a 6-3 ruling vacating a 9th Circuit decision in an Arizona death penalty case. In an unsigned opinion, the conservative justices issued a decision in George Russell Kayer’s case that discusses extreme limits on federal review of criminal cases.
The ruling in Kayer’s case effectively means he once again faces execution, and he does so because of an unsigned ruling by a Supreme Court that did not even hear the merits of his claim; this decision was based solely on the cert petition briefing.
Imagine being so aggressively unwilling to see that you published something bad that you think there must be some secret coordinated effort when everyone attacks it!
Joseph Epstein has been publishing bad takes on anyone who is not a straight man for literally 50 years. This latest was not only bad, it was predictably so. (Go read this full thread. Seriously, it’s short and is worth it.)
A problem — not “the problem,” bc there are many — is that the Republican leadership’s approach to Trump now is basically what it’s been all along: “That’s ugly, authoritarian, and almost certainly won’t work. We’ll just stand aside, and if it doesn’t, fine. It is does, cool.”
Of course, there are some who go along, affirmatively, but the party leadership generally has tried to take the “we’ll try to get the benefits of his attempts to undermine the country’s foundation without taking ownership of it” approach.
It’s always been a bad and irresponsible approach, but we’re seeing how actually dangerous it is, day by day, right now. At some almost imperceptible point along the path, the Republican position stopped looking like idly standing by — and became a part of Trump’s efforts.