Thread by @chrisgeidner

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.)

https://twitter.com/steve_vladeck/status/1360097061148966913

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…