BREAKING: For the fourth time this week, the Supreme Court has voted 6-3 to clear the way for a last-minute federal execution before Trump leaves office. Justices Breyer and Sotomayor write dissents. Justice Kagan also notes her dissent.
Dustin Higgs has COVID-19 and will be executed tonight despite lung damage that could turn his lethal injection into an egregiously painful death.
Here is Justice Sotomayor’s closing.
Here is Breyer on the SCOTUS majority’s rush to execute
Sotomayor names the federal inmates who have been killed since Trump revived the federal death penalty—a punishment that Biden will put a moratorium on next week
Sotomayor: “This is not justice.”
Tonight’s rush to execute is galling but not surprising. The selectively pro-life conservative majority has an appetite for capital punishment. That goes for the comparatively-moderate-on-some-other-issues Chief Justice, as I wrote @Slategoogle.com/amp/s/slate.co…
As depressing as SCOTUS’s we’ll-bend-over-backwards-to-lift-execution-stays posture is, it’s chilling to imagine these going forward without Sotomayor’s voice of conscience calling out the injustice
The accident of timing: the four inmates strapped to gurneys this week would not have been killed if their execution dates had been set for a few days later, as the new administration intends to stop federal executions.
Acting with such haste despite deep questions of injustice looks suspicious even if the impending administration switchover isn’t part of the justices’ calculation.
Perhaps that appearance of bias should be reason enough to slow things down when it’s a matter of life or death.
Why did Sotomayor use the traditional “I respectfully dissent” rather than the more emphatic “I dissent”—esp given her “this is not justice” line?
I think she is signaling respect less for her 6 colleagues and more for the 13 people the federal govt killed over the past 6 mos.
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A case study in Chief Justice John Roberts's strategy for navigating politically fraught cases in the Trump era is about to come to a close not with a bang but—as Roberts apparently planned all along—with a whimper.
A thread on Trump v. Vance.
This case asked whether Cy Vance, the Manhattan DA, could subpoena Trump's accountant for 8 years of his tax and other financial records as part of an investigation into possible financial crimes.
Trump lost bids in lower courts to invalidate the subpoena and turned to SCOTUS.
In July, SCOTUS issued a 7-2 loss for Trump, saying that sitting presidents have no absolute immunity from criminal process. economist.com/united-states/…
BREAKING: by a 5-3 vote, Trump administration wins Supreme Court battle over whether women may receive abortion medication by mail during the pandemic. This case has been pending since July. The three liberal justices dissent. scotusblog.com/wp-content/upl…
Justice Breyer dissents but does not join dissent written by Justice Sotomayor. Justice Kagan joins the Sotomayor dissent which ends this way:
The dissent explicitly calls on the federal government to reconsider the FDA rule requiring in-person dispensing of abortion drugs. Presumably this reversal could happen quickly when the Biden administration takes over.
On the cusp of its historic election ruling, CJ Roberts is staring down a bizarro SCOTUS legitimacy crisis. (1/4)
The left is the side that’s been increasingly doubting the court’s legitimacy, but if/when the TX case gets dismissed, the right—80% of whom think Biden somehow stole the election—may be irate. (2/4)
This makes it imperative for Roberts to forge a unanimous consensus for whatever tack the court takes. (3/4)
There are three emergency religious challenges to COVID public-health orders pending at SCOTUS: out of New Jersey, Kentucky and Colorado. A few thoughts on where they may be going.
Remember: Court sided with religious challengers in the New York cases on eve of Thanksgiving (lifting 10-person attendance restrictions at houses of worship in red zones) & on that basis sent California challenge to ban on indoor worship back to the lower court for another look.
Colorado was just filed, but briefing is complete in the NJ and KY cases and orders could come at any time.
Interesting that NJ hasn't come down yet, as reply brief was filed 5 days ago. SCOTUS acted on the CA request less than two days after briefing was complete.
NEW at SCOTUS: Donald Trump has filed a brief intervening in Texas v. Pennsylvania, the lawsuit urging SCOTUS to scrap election results in Pennsylvania, Wisconsin, Michigan and Georgia
On the opening page, Trump says it is "no surprise" that "nearly half of the country believes the election was stolen" — since he won Florida and Ohio.
The document appears to be a brief-length version of the president's Twitter account.