Steven Mazie Profile picture
Jan 28 6 tweets 2 min read
This is NOT a dispute over whether someone is to be executed. It's whether SCOTUS should reverse two lower courts that agreed to pause a lethal injection for an illiterate prisoner who prefers to die via nitrogen hypoxia but couldn't read the form giving him that option.
And five justices intervened to make sure the cognitively impaired prisoner is put to death immediately rather than in a few weeks.

That's where we are.
Reeves's lawyer: “The immense power of the State should be used to help its citizens, not to prevent them from exercising their rights. The immense authority of the Supreme Court should be used to protect its citizens, not to strip them of their rights without explanation."
Live updates here: cbs42.com/news/live-upda…
This @slate piece I wrote nearly three years ago on Roberts's quiet role in the Court's death-penalty jurisprudence is, unfortunately, evergreen slate.com/news-and-polit…
Update: at 9:24 central time tonight, Alabama executed Matthew Reeves by lethal injection.
cbs42.com/alabama-news/a…

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More from @stevenmazie

Jan 27
Admit I'm a little teary-eyed after reading the justices' lovely odes to Justice Breyer.

Some highlights:
Roberts: "his fanciful hypotheticals during oral
argument have befuddled counsel and colleagues alike"
Roberts: "He is also a reliable antidote to dead airtime at our lunches, moving seamlessly from modern
architecture to French cinema, to old radio shows, to a surprisingly comprehensive collection of
riddles and knock-knock jokes."
Read 7 tweets
Jan 27
HAPPENING NOW: Breyer in the White House
Biden a little emotional going over Breyer's long career, mentions that he is famous for biking across Washington
Biden mentions that he served as chair of the Judiciary Committee when Breyer was being confirmed for SCOTUS in 1994
Read 15 tweets
Jan 24
BREAKING: Supreme Court agrees to hear challenges to race-based affirmative action Image
The cases involve admissions policies at the University of North Carolina and Harvard University, so the matter of affirmative action will be addressed for both public and private institutions— under the 14th amendment and the civil rights act
The cases will most likely be heard early in the autumn.
Read 4 tweets
Jan 20
BREAKING: Supreme Court DENIES abortion providers' petition to reignite litigation against Texas abortion ban by ordering 5th circuit to return it to the district court. Apparent vote is 6-3. Image
Justice Breyer writes a short dissent, which Justices Kagan and Sotomayor join. Justice Sotomayor writes a 7-page dissent, which Kagan and Breyer join.
From Sotomayor's dissent: "The Court may look the other way" regarding the 5th Circuit's "delay tactics" but "I cannot". Image
Read 7 tweets
Jan 19
BREAKING: Supreme Court DENIES Donald Trump's plea to keep his papers out of the hands of House committee investigating Jan. 6th insurrection at the Capitol
The apparent vote is 8-1. Only Justice Thomas would have granted Trump's plea.
Justice Kavanaugh writes a separate statement. Justice Thomas does not explain his dissent.
Read 6 tweets
Jan 18
At 10am the Boston flagpole hearing at SCOTUS begins and I will be tweeting & analyzing it here. The case involves free speech but has strong religious-liberty undertones. 👇
Justice Kagan asks: does the city really have to put a swastika flag if the flagpole is a designated public forum?

A: yes

Kagan: so cities just can't have such a policy, right?

A: no
Barrett suggests another way to get around this is for Boston to say, this flagpole is our speech and we're only putting up what we want to say. Being more explicit that this is government speech.
Read 45 tweets

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