We still have not heard from #SCOTUS about the pending requests in Alabama’s attempt to execute Willie Smith. The state is asking #SCOTUS to lift two stays granted by lower courts, so the execution will not proceed unless the justices grant those requests.
Here are the two relevant dockets:
* spiritual advisor issue: supremecourt.gov/Search.aspx?Fi…
* method of execution and ADA case: supremecourt.gov/Search.aspx?Fi…
As Alabama acknowledges in its filing, it will not be able to proceed with Smith's execution at this time if SCOTUS doesn't act in the next 83 minutes because "Alabama’s execution warrant is only valid for twenty-four hours, until 11:59 p.m. CST tonight."
With the 11th Circuit injunction and stay in place, Alabama will not be allowed to proceed with executing Willie Smith tonight unless #SCOTUS rules to lift both of those in the next hour.
BREAKING: #SCOUTS will not allow Alabama to execute Willie Smith tonight.
#SCOTUS lifted the stay in the method of execution/ADA case (see image), but denied Alamaba's request to lift the injunction in the spiritual advisor challenge. See link: supremecourt.gov/opinions/20pdf…
Under the current injunction, Alabama *could* proceed with the execution if it allowed Smith's pastor into the execution chamber — but Alabama has said that isn't allowed under their current protocol. As such, the execution can't go forward tonight. See this from Alabama:
Now, for the "shadow docket" part of tonight's vote: We don't actually know why Willie Smith will live through the night.
* Kagan, Breyer, Sotomayor, and Barrett (4) allowed the injunction to stand.
* Roberts, Thomas, and Kavanaugh (3) dissent.
* Alito and Gorsuch are silent.
If I had to, I'd bet it was Gorsuch who provided the fifth vote, but we just don't know, given the procedural posture of the case.
[Sorry for typing #SCOTUS instead of #SCOTUS in the breaking news tweet!]
As Steve points out, technically, it could even have been a 6-3 vote. (Honestly, if it was a 6-3 vote and they didn't get either the Chief or Kavanaugh, too, that's pretty shocking, which is why I think it's more likely 5-4.)
And, the AP reports that Alabama officials have confirmed that they are done for the night. Willie Smith will live for now. apnews.com/article/alabam…

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More from @chrisgeidner

12 Feb
Lol. Half of this Nadler clip about Clinton doesn’t apply to Trump. Does Schoen know that? Was he allowed to watch this before playing it?
“This is not ‘whataboutism’”: An Introduction to Whataboutism
Is this ... re-reading of the Georgia transcript ... supposed to be helpful?
Read 19 tweets
11 Feb
Mike Lee, what are you complaining about?
Nobody knows what they’re voting on or why. Not a good job by Leahy here.
Here’s an article about Lee & Tuberville, but not one that raises the concerns Lee raised: deseret.com/utah/2021/1/7/…
Read 7 tweets
10 Feb
This is all you need to know about the cat attorney. He's all good with the joy he let loose today.
Have your fun, and don't feel bad.

Also: Is this the first time Twitter's character of the day had the pitch perfect response?
Sal talked to him, too! Good on Rod for taking this all in stride. [Insert cat pun here.]
Read 5 tweets
9 Feb
Why is this guy talking about Pelosi delaying when McConnell was the one who said he wouldn’t bring the Senate back? Shouldn’t this complaint be addressed to Mitch?
What version of the Constitution is this?! Why does he have his tabs like that? I’m appalled on all fronts! Image
Howard has a better capture. Obviously.
Read 10 tweets
9 Feb
Breaking: A large coalition of civil rights and civil liberties groups call on Biden to commute federal death row immediately. aclu.org/letter/coaliti… Image
The coalition — which includes @civilrightsorg, @ACLU, @amnesty, @NAACP_LDF, @LambdaLegal, @acslaw, @innocence, @verainstitute and more — calls for Biden to dismantle the federal death chamber and stop new capital federal prosecutions as well. Image
Not to be missed on this coalition letter: The former head of the lead org — @vanitaguptaCR had run @civilrightsorg until the past month — is Biden’s nominee for No. 3 at DOJ.
Read 4 tweets
6 Feb
Honestly, this jumble of a late-night ruling highlights the problems with the shadow docket on several grounds — not the least of which is the fact that Alito calls for a different outcome than Thomas and Gorsuch, but joins Gorsuch’s opinion?
And here’s a related order: supremecourt.gov/orders/courtor…
Here are the actual orders, which are, effectively, the same, aside from procedural posture.
Read 9 tweets

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