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#SCOTUS takes up a South Carolina redistricting case, a case over minority-party power in the House, and a pair of Armed Career Criminal Act cases in today's orders. 
Here is today's full #SCOTUS orders list: supremecourt.gov/orders/courtor…
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The other thing that happened today: The justices declined to take up Alabama's request to take up an absolutely ridiculous death penalty case that would have either been a loss for Alabama or a clear statement that death penalty jurisprudence is incredibly broken. Follow along.
In Kenneth Eugene Smith's case, he has been sentenced to death in Alabama. Alabama tried to execute him once already but wasn't able to carry out the execution — this was the one that finally led Alabama to carry out an "execution review." lawdork.com/p/the-broken-a…
In 2018, Alabama authorized nitrogen hypoxia as a method of execution, in addition to lethal injection.
While it hasn't been used yet by Alabama, Smith is using that law to argue — under SCOTUS's already macabre rules — that nitrogen hypoxia is an available alternative method.
Alabama wanted #SCOTUS to say definitively that their own law is not enough. supremecourt.gov/DocketPDF/22/2…
Alabama wanted #SCOTUS to say definitively that their own law is not enough. supremecourt.gov/DocketPDF/22/2…
Today, #SCOTUS declined to take up the case at this time, allowing Smith to continue his claim below.
But, Justice Clarence Thomas — joined by Justice Samuel Alito — dissented to the cert denial. supremecourt.gov/opinions/22pdf…
But, Justice Clarence Thomas — joined by Justice Samuel Alito — dissented to the cert denial. supremecourt.gov/opinions/22pdf…
In his 6-page dissent, Thomas argues that the court not only should have granted Alabama's cert petition, but that it should have *summarily reversed* the 11th Circuit — not even hearing arguments.
Thomas and Alito say that a state law authorizing an alternative method of execution — and even allowing inmates to select that as their chosen method — is not enough to show an available alternative method of execution. And warn that even arguing so is a delay tactic.
This Thomas dissent is an unbelievable piece of legal meaninglessness.
A state passes legislation authorizing alternative means of execution to make the public case to the state's residents that they're trying to implement the death penalty more humanely.
Thomas says they can do so, but then not have to be held accountable for their own law.
Thomas says they can do so, but then not have to be held accountable for their own law.
Notably, only Alito joined Thomas in this dissent.
Gorsuch, who often has been with these two in capital claims, did not join this dissent. We don't know cert votes, so we don't know how Gorsuch voted on the petition, let alone how he views the issue—but, he didn't join this.
Gorsuch, who often has been with these two in capital claims, did not join this dissent. We don't know cert votes, so we don't know how Gorsuch voted on the petition, let alone how he views the issue—but, he didn't join this.
Next up: We have the possibility of opinions in argued cases only one day this week (as of now): Thursday. Beginning at 10a.
More at Law Dork on these closing weeks of the #SCOTUS session, the flurry of opinions, and what we know and don’t know: lawdork.com/p/recurring-en…
More at Law Dork on these closing weeks of the #SCOTUS session, the flurry of opinions, and what we know and don’t know: lawdork.com/p/recurring-en…
For more on the Carnahan grant, an important thread from Josh —>
https://twitter.com/joshchafetz/status/1658105269417541634
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