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This blog is the work of an educated civilian, not of an expert in the fields discussed.

Tuesday, February 21, 2017

SCOTUS Watch: Orders

A somewhat notable cert grant regarding a man charged with having a weapon on Capitol grounds [case is basically about his ability to appeal, possibly on 2A grounds] and dissent from cert. (Sotomayor/Breyer) involving problems with lethal injection drugs. The case was held up via Roberts' hesitant "courtesy fifth." The defendant put forth the firing squad as an alternative grounds, which Sotomayor did in her Glossip dissent. Judge Kozinski somewhat from the other side also supports that. Inert gas didn't come up, but might eventually.

Note: Some talk that Roberts' courtesy fifth showed value of Breyer's in the trans case, but dubious argument and the situations are rather different. Article on Breyer.

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Thanks for your .02!