In addition to the fact that the two men the Trump admin wishes to execute today and tomorrow, Corey Johnson and Dustin Higgs, have Covid, Johnson also raises a colorable claim of intellectual disability. Both claims are before #SCOTUS tonight.
BREAKING: The Supreme Court will not stop the executions of two men with Covid, and the justices also denied Corey Johnson’s request for a stay of execution on other grounds, allowing his execution to proceed tonight.
Breyer only noted that he would have granted a stay in the Covid-related claim, saying nothing in Johnson’s intellectual disability-related claim. Sotomayor and Kagan noted they would have granted a stay in both challenges.
This is certainly true in almost all cases. I can imagine the ~slight~ possibility of a circumstance out of the 5th Circuit or Texas that might be otherwise, but, that was already very rare; it might be impossible, even from there, now.
Tonight, the Trump administration is trying to carry out the last scheduled execution of this administration. Dustin Higgs's execution is currently stayed, but DOJ is asking #SCOTUS to let them proceed tonight with killing Higgs.
At 11:09p tonight, the DC Circuit, in a 2-1 decision lifted the district court stays of execution for Corey Johnson and Dustin Higgs. Any en banc request is due by 9a Thursday.
The district court stayed their executions because Johnson and Higgs have recently been diagnosed with Covid. Two Trump appointees — Katsas and Walker — tonight ruled that *currently* having Covid is no reason to put off executing a person.
Pillard, dissenting, explains that Covid will make the men likely to feel like they're drowning before they are unconscious more quickly than those without Covid.
... I’m reminded that @o_ema’s earlier Yang story referenced in it was written the day she and I met when she came down to DC to cover a SCOTUS argument the next day ... buzzfeednews.com/article/emaoco…
... and I recall that day, b/c it was the day we learned the NY Covid case involved kids in schools, and I was on the phone with a friend, and said to him, “So, we’re not going to contain this, eh?” March 3. More than 10 months ago. Less than 10 US deaths then. 381,000+ dead now.
"These votes will be inscribed on the rolls of history." - House Majority Leader Steny Hoyer
The vote on impeachment of Trump — the second impeachment of this president — is now underway.
Really disturbing to only see 6 yes votes so far from the Republicans to more than 130 no votes, exactly one week after those members were in hiding because the president sent a mob to the Capitol in an attempt to stop them from doing their jobs and overturn the election he lost.
Very excited to join with @jduffyrice@matthewferner and all of the incredible folks at the expanded 2021 version of @theappeal to do great work that's focused on the problems faced by everyday people — and the solutions that will help end those problems.
I'm so lucky to know @thisisrobsmith and to call him a friend. The work that he has put into his efforts to improve our country is unending. It was fantastic to spend the past two years at @Justice_Collab, and I can't wait to see how our work together continues at @theappeal.
This is not at all surprising while also being lawless and shocking, is why I was all over this from the start, and every aspect of my concerns is proven out by this reporting. wsj.com/articles/white…
Much more reporting is needed here, though, along with congressional oversight investigations. Who at DOJ? Who at the White House?
That’s not all, either. The US Attorney for the Southern District of Georgia, Bobby Christine, also has some questions to answer. Despite the fact that the office didn’t say who was running things until the 5th, the WSJ says Trump issued an order putting him in charge on the 4th.