The Supreme Court turns away an appeal from Ernest Johnson, who alleges that his imminent execution by lethal injection will inflict torturous pain because a brain tumor operation. All three liberals dissent; Sotomayor and Breyer write. supremecourt.gov/orders/courtor…
An operation left Ernest Johnson with scarred brain tissue and epilepsy; he alleges that lethal injection will trigger a massive, violent, uncontrollable, immensely painful seizure as he slowly dies. The Supreme Court's conservative majority doesn't care. supremecourt.gov/orders/courtor…
This case, and others like it, are why South Carolina recently reauthorized execution by electric chair or firing squad: Lethal injection often poses a serious risk of torture, and odd as it may sound, traditional forms of execution may be more "humane." npr.org/2021/05/20/998…
In today's opinion, Sotomayor calls out Kavanaugh, who previously asserted that death row inmates could request an alternative to lethal injection even if it isn't authorized by state law. Sotomayor says: Well, Brett, that's this case, so where the hell is your vote now?
(Addendum: This is *one reason why* states like SC are contemplating alternatives to lethal injection; they are also facing shortages of the necessary drugs, but that problem dovetails with delays relating to legal challenges to lethal injection.)

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More from @mjs_DC

17 May
By a 6–3 vote, the Supreme Court rules that its recent decision requiring unanimity in jury verdicts does NOT apply retroactively, dashing the hopes of thousands of people convicted by split verdicts. Opinion by Kavanaugh; all three liberals dissent. supremecourt.gov/opinions/20pdf…
Big news here: The Supreme Court OVERTURNS the precedent that a "watershed" rule of criminal procedure may apply retroactively. That's a major change to retroactivity precedent. supremecourt.gov/opinions/20pdf…
This is a very aggressive decision by the Supreme Court's conservatives—not only allowing earlier non-unanimous convictions to stand, but also abruptly overturning a major precedent that applied "watershed" rules of criminal procedure retroactively. supremecourt.gov/opinions/20pdf…
Read 9 tweets
17 May
BREAKING: The Supreme Court agrees to hear Dobbs v. Jackson Women's Health, a challenge to Mississippi's 15-week abortion ban. This may well mark the beginning of the end of Roe v. Wade.
supremecourt.gov/orders/courtor…
There is no split in the lower courts over a state's ability to ban abortion at 15 weeks (or earlier). Even conservative judges recognize that Roe and Casey prohibit total bans on abortion before viability. It seems likely that the Supreme Court took this case to change the rule.
The Supreme Court has sat on Dobbs since September 2020. There was clearly a battle behind the scenes between the justices over the decision to take this case. It is an extraordinarily ominous sign for reproductive rights that the anti-abortion faction apparently won out.
Read 8 tweets
14 May
Judge Tyson angrily dissented from a decision allowing the removal of a Confederate memorial, citing, among other things, the Bible. appellate.nccourts.org/opinions/?c=2&…
Who could’ve guessed that a judge who cited the Bible to defend Confederate monuments would allegedly try to run over Black Lives Matter protesters? appellate.nccourts.org/opinions/?c=2&…
Judge Tyson, who is accused of trying to run over Black Lives Matter protesters, also dissented from a landmark decision allowing North Carolina residents to obtain a domestic violence protective order against a same-sex partner. appellate.nccourts.org/opinions/?c=2&…
Read 4 tweets
4 May
Today's oral arguments at the Supreme Court in Terry v. U.S. involve a complicated (and extremely important) question about the scope of the First Step Act's sentence reductions. I think this amicus brief by @MyConstitution does a great job explaining it: supremecourt.gov/DocketPDF/20/2…
Today's case also illustrates the Trump administration's Janus-faced approach to criminal justice: Trump signed the First Step Act, but his Department of Justice relentlessly sought to sabotage it. In this case, Trump's DOJ fought tooth and nail against a sentence reduction ...
But thankfully, Joe Biden's Department of Justice switched positions, favoring a sentence reduction in this case (and a more generous interpretation of the First Step Act). Acting SG Elizabeth Prelogar's brief is characteristically excellent: supremecourt.gov/DocketPDF/20/2…
Read 5 tweets
3 May
I want to be clear that meat has been a “culture war” issue for a while. The meat industry relentlessly associates the consumption of animal flesh with masculinity and patriotism. But today more people are recognizing the catastrophic environmental consequences of meat ...
... and these folks tend to care about the climate crisis, which means they’re disproportionately progressive, which means people like Hotline Josh pick up on meat’s culture war valence because it falls along traditional partisan lines and becomes woke-adjacent Fox News fodder.
I have been a vegetarian for 18 years. I do not ever preach the virtues of vegetarianism and don’t even like talking about it. Yet people consistently take my refusal to eat meat as a personal and political affront, and often code it in terms of gender and sexuality.
Read 8 tweets
3 May
The Supreme Court once again takes no action on Dobbs, the challenge to Mississippi's 15-week abortion ban. Orders here: supremecourt.gov/orders/courtor…
Fallout from the Supreme Court's recent decision in Jones v. Mississippi restoring juvenile life without parole: SCOTUS reverses a 9th Circuit decision that had ordered resentencing for Riley Briones, who was condemned to life without parole as a child. supremecourt.gov/orders/courtor…
Clarence Thomas urges the Supreme Court to overturn the Feres doctrine, which bars members of the military from suing for injuries incident to military service. RBG signaled that she might agree with his position in 2019 (and I think he's right). supremecourt.gov/orders/courtor…
Read 7 tweets

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