I watched the film Executive Decision in the 1990s.

The film, with a small part for the then Mrs. Trump (Marla Maples), concerned terrorists taking control of an airplane.

The terrorist leader plans to detonate a bomb loaded with the DZ-5 in U.S. airspace. A special ops team, including a civilian terrorist consultant played by Kurt Russell, manages to secretly board the plane. It's an entertaining film, though I don't think it quite sticks the landing in the last reel.

Five years later, I listened to the radio as an on-the-scene reporter tearfully reported that one of the twin towers collapsed. I could see the smoke from midtown Manhattan. A few days later, I passed the church where they were having funerals.

I think one good memorial is the names placed on tiles on the wall in a passageway of the Union Square train station of those who died. Has it been 25 years? 

Oh well.

Florida Executes Daniel Owen Conahan

Daniel Owen Conahan kidnapped, raped, and murdered someone thirty years ago. He might have murdered someone else. I understand sentencing him to death. 

Justice Breyer explained why it is wrong to execute him now. It was a dissenting opinion, though I wish someone on the current Court took up the cause. Conahan's final appeal argued that he deserves additional DNA testing. It was probably correctly denied. 

It might be good policy to supply the testing. What is the harm? Ultimately, the death penalty is wrong, especially if it is held in abeyance for three decades. More executions to come.

SCOTUS Watch: Post Holiday Edition

James Wilson is an interesting guy. I liked the author's book on abolishing the Electoral College. I did not like this one. Charles Pinckney is also interesting. An older book on that guy is almost a monograph or something (it's small). Decent account. 

The Supreme Court didn't block a New York law denying religious exemptions to child vaccine requirements. Alito and Gorsuch, without comment, dissented. Good.

Kavanaugh, by himself, rejected a Republican redistricting lawsuit request. [The Court later also did so.] Limited bit of sanity.

SCOTUS Watch

Trump Ballroom 

I wrote about Monday's order allowing Trump to continue to break the law. I apologize; that is much too vague. It is about the ballroom. 

Roberts and the liberals dissented. Yes. He has done a lot wrong. A few moments don't take him off the hook. But credit where credit is due, and all that.

Court Expansion

House Republicans, who plan to mostly hide out until November, had a message vote against court expansion. More specifically, on an amendment setting the number of justices at nine. 

Two people voted differently than their party, and one is an asterisk. The Republican recently labeled himself an "independent" while still voting with Republicans. 

This sounds like another token way to pretend he is not a Trump bootlicker or something. I don't know why the Democrat voted that way. I won't check. I assume he represents a reddish district. 

It's stupid either way. If you don't like court expansion, which is far from being a thing (one key Democrat said in an interview he is now open to it; okay), don't vote for it. 

The number of justices has changed over time, between 5 and 10 justices. Federalists added a court of appeals, which would have ended circuit riding. The next vacancy would not be filled, resulting in five justices. The law was changed before that happened. 

It is a bad idea to set minutiae in stone in the Constitution. We should allow flexibility. 

I am wary of the 25th Amendment. The concern there is that it was so sensitive; the process for removing a president should be clearly in place. Again, I question if even that was a good idea. It is just too specific. 

Court expansion talk is itself partially a message. If court expansion is even open to the realm of possibility, a lot of other things should be possible. 

The link flags that a key Democrat has now made supportive noises. That's notable. But this seems more a reaction to DSA support of the idea. 

Republicans want to tar Democrats as akin to the most doctrinaire DSA type while the House Speaker pretends not to know most of what Trump is doing. 

Order List

The last scheduled summer order list had the usual housekeeping measures, involving pending cases, rehearings denied, and attorney discipline. Barrett didn't take part (without saying why) in one case. 

The most notable thing, apparently, is what they did not decide. There is a pending case involving New York health workers who were not satisfied with the vaccine exemption process. 

Justices Gorsuch (who wrote one or more opinions on it), Alito, and Thomas have been concerned about this issue. The other conservatives avoided it. 

Election Case

The Supreme Court, with only Jackson briefly dissenting (with no heat), granted a stay in an election case. Rick Hasen briefly summarizes. 

Steve Vladeck on Bluesky notes Jackson has the better argument, but that the case isn't too important. That would help explain why Sotomayor and Kagan didn't join. Since Republicans are involved, some knee-jerk replies figured the fix was in.

It is good that the justices deigned to explain themselves. They are doing that more lately.

ETA: Steve Vladeck's Monday Substack informs me that the Supreme Court also released the schedule for December oral arguments. Two cases: assault weapons and another trans case.  

Five Years Later ...

Five years ago, Dobbs was foreshadowed when the Supreme Court (short unsigned opinion) left in place a six-week abortion ban. Roberts and the liberals, in varying degrees, dissented. 

Florida Executes/Euthanizes Harold Gene Lucas

Fifty years ago. Lucas, then 24, murdered his former girlfriend, then 16, and wounded two of her friends.

Florida has gotten around to executing him for the crime, much too late (see, Breyer, dissenting). He had no final appeal, old and tired. 

The whole thing was extended because of multiple appeals, flagging procedural concerns. It was a crime of passion. Not a "worst of the worst" case. It warranted a long prison sentence. 

Sheena

 

Sheena has been on film and television in various forms. 

There was a 1950s series and a 1980s film (both silly, and the film is a tad bit sexist). MeTV+ airs one series early Sunday. Nice on the eyes (Baywatch babe). Not bad as somewhat silly entertainment. 

Tubi has all three. These days, such white Tarzan figures are a bit outdated. The 2000 version could get pretty violent.