We’re still waiting on word from #SCOTUS in John Ramirez’s request for a stay of execution in Texas. Ramirez is due to be executed tonight. Here’s the docket: supremecourt.gov/search.aspx?fi…
Here’s the underlying issue presented, a religious liberty — specifically, RLUIPA — claim, on which he is asking for a stay:
Notably, Texas AG Paxton, which opposes the stay request, is also *opposing* the Becket Fund for Religious Liberty here, which filed an amicus brief supporting Ramirez. supremecourt.gov/DocketPDF/21/2…
The brief in opposition from Texas isn’t on the application docket pg, but it is over on the cert petition docket pg (presumably bc it’s styled as both cert opposition & stay of execution opposition, though I’m not sure why it can’t be on both pgs then): supremecourt.gov/search.aspx?fi…
BREAKING: #SCOTUS grants a stay of execution to John Ramirez on his religious liberty claim, setting the case for argument in the upcoming term. Ramirez was due to be executed by Texas tonight.
As others have noted, #SCOTUS allowed a similar execution to go forward in 2019, when the person being executed, Domineque Ray, was a Muslim and not Christian. The majority there claimed Ray’s delay in filing his case justified its decision to lift a stay & allow his execution.
Kagan basically made the argument then in dissent that a majority of the Court tonight effectively employed to halt Ramirez’s execution (by taking his case for argument).
#SCOTUS oral arguments in John Ramirez’s case challenging Texas’s prohibition of his religious advisor speaking or touching him during the execution to which he has been sentenced is set for less than two months from now, on Nov. 1.

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More from @chrisgeidner

10 Sep
Two Clinton-appointed judges in their 70s were all that stood in the path of Thapar having his way here.
Here's Judge Thapar, Trump's first appeals court nominee, mincing no words and saying that, in his view, Tennessee can do whatever it wants, including a total ban on abortion.
More from Thapar: "But those precedents are wrong."
Read 5 tweets
9 Sep
But, lol. The engagement on this post tells me you can just put this idea back on the shelf. Image
I really want to have a sit-down with whoever was like, “Shark Tank, but instead of capitalism we make it about activism. By turning the activism into a marketable commodity. So, capitalism.”
Read 4 tweets
8 Sep
We got 9th Circuit nominees, all of whom are already judges at the federal or state level: Judge Lucy Koh (N.D. Cal.), Justice Gabriel Sanchez (Cal. Ct. App., 1st App. District), Judge Holly Thomas (Los Angeles County Superior Ct., Family Law Division).
Here is Koh’s background:
Here is Sanchez’s background:
Read 7 tweets
6 Sep
Really weird — if not in a negotiating posture — to be fighting publicly to stay in charge of an organization whose board co-chairs are asking you to leave.
And, there we go: @HRC fired Alphonso David tonight, after a series of accusatory and aggressive statements from David, former Andrew Cuomo counsel, over the holiday weekend.
The Times (by @maggieNYT) reports that no one on either board voted for him to stay. nytimes.com/2021/09/06/us/…
Read 5 tweets
2 Sep
BREAKING: On a 5-4 vote, the Supreme Court denies relief to plaintiffs challenging Texas #SB8, allowing it to remain in effect for now. Chief Justice Roberts joins the Democratic appointees in dissent.
Here is the statement from the Court, which has no author and is not listed as per curiam.
Here is Roberts’ dissent, joined by Breyer and Kagan, which focuses on the “unprecedented” type of law at issue here.
Read 12 tweets
1 Sep
Seriously, John Roberts, what kind of operation are you running there?
So, I really do want to know what’s actually happening. Because there are a few different possibilities, all of which could lead — arguably — to different responses from at least some actors. Is Alito just holding the application, is the Court holding for a dissent, is the …
… Court holding because there’s no clear majority on how to deal with the pre-enforcement aspect of this and they’re hoping for an enforcement case that they can then set for argument alongside Dobbs? Or is it something else altogether?
Read 4 tweets

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