Chadwick Willacy Executed

On September 5, 1990, Willacy, then 24, was burglarizing Sather's Palm Bay home when she returned home unexpectedly. Willacy bludgeoned Sather, 56, bound her hands and feet with wire and duct tape, and brutally strangled her with a cord. He later disabled smoke detectors, doused her with gasoline, placed a fan at her feet and set her on fire.

Florida executed another person who committed heinous crimes decades ago. The Supreme Court never held, even if a few justices flagged the problem, that such lag times were constitutionally problematic. 

(See, e.g., Breyer's dissenting opinion in Glossip v. Gross, including how the state interest decreases over time. The person did serve three decades in prison.) 

The last appeal also had a repetitive feel. His lawyers sought information regarding the lethal injection process. Sotomayor recently noted she was concerned about possible problems, especially since everything was not out in the open. 

A long prison sentence is appropriate in these cases. The capital punishment system is too flawed to be trusted. Executing a few people among a bunch of horrible people, including decades later, is not a good use of the public welfare. 

SCOTUS Watch: Order List and Other News

Order List

Today's Order List was long enough that it suggested additional writings. It also had some notable developments, including a case that might further weaken Oregon v. Smith (general applicable laws are generally acceptable for religious liberty purposes).

One case on the "shadow docket":

By a 6–3 vote, and with no opinion, the Supreme Court throws out a lower court decision denying qualified immunity who killed an unarmed, mentally ill man by using "bodyweight force" to restrain him. All three liberals dissented.

A per curiam error corrects a lower court Fourth Amendment decision. Sotomayor, without comment, wouldn't provide relief. Jackson dissents with an opinion. 

Sotomayor, in a statement, discusses a dispute involving a child abduction measure. She agrees it is something they should eventually address. 

This specific lawsuit, however, is procedurally inappropriate to take. Nonetheless, she argues it was at least partially a self-inflicted wound by the Court.

Sotomayor, without comment, also noted she would have granted a case alleging evidence was not properly supplied in a criminal case. 

Justices Alito, Kavanaugh, and Barrett didn't take part in some decisions without saying why. Only Kagan and Jackson consistently provide their reasons. 

Shadow Docket Story

Steve Vladeck addresses a NYT article, with internal documents, discussing a major change in the shadow/emergency/interim docket in 2016. I agree with his overall analysis. The articles provide sunlight on issues of special concern. The actions are troubling.

Fix the Court suggests a proper response would be congressional legislation requiring transparency. If they abuse the process, jurisdiction stripping and budget cuts would be some possible consequences. 

(This was suggested in an email I received via a subscription.)

Or we can go the route of certain conservatives who think the leak is the biggest problem. The overall comments there, as I noted in a comment, ignore that internal deliberations are regularly leaked. Full documents are a step beyond that, but that might be appropriate (e.g., Pentagon Papers).

Thomas vs. Progressives

Prof. Segall focuses on his corruption -- Harlan Crow -- but also links to a wider discussion, how his usual "just so" historical account is garbled. This is who conservatives deem their model judge. 

Happy Birthday, Justice John Paul Stevens. And Adolf Hitler, apparently, going by Justice Thomas. 

Meanwhile ...

Some good news in a lower state court in Pennsylvania, which, on state constitutional grounds, struck down a Hyde Amendment. A concurring opinion also cited religious liberty. 

Some state courts went this route in the past. The principle should be applied nationwide. 

Mets ... 0-11

The Rockies managed to beat the Dodgers at least once! They went 3-10. The Mets lost 11 in a row! Multiple teams (including the Phils, Astros, and Blue Jays) are struggling. But that is some losing streak. 

Bible Reading Marathon

Trump Will Participate in a Marathon Bible Reading

He will read a passage from the Old Testament that his Christian supporters cite as a call to national repentance and divine blessing.

I have long had an interest in the Bible. I listen to Bart Ehrman's weekly podcast. I took a New Testament course a long time ago. I have read a lot about the subject. I once read the whole Bible. 

I am reading this book by Rachel Held Evans' sister. It works both as a general discussion of grief and grief rituals as well as a Christian discussion. She comes from that tradition. She's a good writer. 

People will have a cynical reaction to this effort. Trump surely doesn't seem like an honest broker here. The verse he read is somewhat ironic if read honestly:

If my people, which are called by my name, shall humble themselves, and pray, and seek my face, and turn from their wicked ways; then will I hear from heaven, and will forgive their sin, and will heal their land.

Certain evangelicals read some biblical quotes in a Christian Nationalist way. The original context was the Jewish people in ancient times. The current meaning should not be inferred to be a statement of Trump triumphalism. 

I think, quite honestly, our nation should humble itself and seek forgiveness for its wicked ways. It has supported Trump and committed much damage beyond that. It needs to accept what it did. It has to work toward healing.

Susie Wiles, the White House chief of staff, will read Proverbs 31, which includes a wide-ranging list of qualities of “a wife of noble character” that has become a touchstone for many Christian women.

This is another somewhat ironic choice. How would the original author feel about her position? How noble is it to be Trump's chief of staff?

Rachel Held Evans spoke repeatedly about that chapter, about "women of valor." Rachel did not just read the Bible. She studied it in depth. That is the best way. Also, it's a good thing to discuss. 

I suppose when the whole "Bible" is read, it will be the Protestant Bible. I was taught using the Catholic Bible, which has additional material. 

Congress, some time back, read the whole Constitution. Well, not really. They edited it somewhat, skipping over amended parts. That allowed them to skip over the slavery stuff. Did they read the whole thing when they did it again more recently? They should read the whole thing.

The Bible can get tedious, especially all those genealogies and rules and regulations. A few of the prophets go on for quite a long time. But it's okay if they want to read the whole thing. Should be done humbly and not as a partisan thing.

We see the world through a glass, darkly. 

ETA: I liked the book on grief. The chapters sometimes went too long. 

It is significantly a personal narrative, since she had multiple miscarriages and her sister died. (Her grandmother also died, but that is fairly typical for someone her age.) She is a bit privileged.

She has a husband, family, friends, and a rewarding career. Lots of people don't have all of that to fall back on. Toss in faith, no matter how she noted she sometimes struggled with it.

I respect her overall, helped by an overall liberal outlook. Still, that got to be a bit much after a while, especially with all the talk of rituals involving the community. Not everyone has "a community."

I also am not a Christian. Christianity can be fine. Stephen Colbert is a Christian and all that. 

This addendum is not about my disagreement with the basics of Christian doctrine. Still, the whole died for sins business. Such a great sacrifice!!!!!

That has long annoyed me. Many people suffer and die for a whole lot less. They often don't even know if their death will mean much. They might sacrifice for one person. Imagine dying to save humanity?

(I'll grant the premise! Still dubious!) 

And, sorry to bring this up, why did they need to be saved in the first place? Oh well.

Sotomayor Apologies

Justice Sotomayor publicly called out Kavanaugh for his Kavanaugh stop opinion, basically saying his privileged upbringing made him not understand the people involved. Some people handwaved it, but others acknowledged it was a significant comment. 

At a recent appearance at the University of Kansas School of Law, I referred to a disagreement with one of my colleagues in a prior case, but I made remarks that were inappropriate. I regret my hurtful comments. I have apologized to my colleague.

She had second thoughts. She publicly apologized via the public information office. 

It would be interesting to know what happened. Did Kavanaugh suggest his feelings were hurt? Did colleagues tell her she crossed the line? Did she realize Murc's Law (only Democrats have agency)? 

Chris Geidner, after some people pushed back, posted a discussion on why the apology made sense. Eh. Sure. Typical small group dynamics, even beyond the importance of his vote. 

Plus, it's the classy thing to do. You apologize sometimes when you deep down don't think you should have to do so. 

It reminds me of when there was talk that Sotomayor was bothered about Gorsuch not wearing a mask. He was sitting next to a senior citizen with diabetes. He apparently thought people were being too "woke" about COVID or something.

They released a treacly joint statement about how they were pals. She didn't ask him to wear a mask. It was one big misunderstanding. Sure.

Did a conservative justice ever apologize? Ginsburg apologized for publicly saying she didn't want Trump elected. Stevens, during the Kavanaugh confirmation, noted people told him he was too public about his opposition to Kavanaugh after his outburst. He seemed a bit embarrassed.

When did a conservative justice apologize? That's what rankles. She has to publicly apologize for that asshole? Well, that's what adults do, I guess. 

Thomas Speaks 

I have seen her remarks compared to Justice Thomas criticizing "progressives." 

Thomas has promoted his conservative values for years. He has strongly supported his wife, who is a big Trump supporter, including after the 2020 elections.

He was not specifically criticizing a colleague. I do not think some of his more overheated dogma should get a pass. Still, it is not really the same thing. 

OTOH, if the assumed problem is that Sotomayor is opining generally on ideological grounds, Thomas and other conservatives show that she is far from alone. 

Thomas Writes 

The single opinion released today:

Chevron has plausibly alleged a close relationship between its challenged crude-oil production and the performance of its federal avgas refining duties—not a tenuous, remote, or peripheral one—and has therefore satisfied the “relating to” requirement of the federal officer removal statute. 

Thomas, as he often does in these technical cases, wrote the opinion. Jackson disagreed in part. 

Her concurrence includes her concern about legislative intent and the message that judges should follow legislative will. She separately criticized the use of the shadow/interim/emergency/whatever docket. Even a "minor" case has some bit of interest.

On that front, this was the case that Alito belatedly decided to recuse himself. His recusals generally involve financial conflicts. Sometimes, honestly, a judge doesn't catch a possible conflict early enough.

Recusals often do not change the result of the case. The case here was largely unanimous. Sometimes, a recusal might matter more. The principle of even the appearance of impropriety matters the most. 

It is rarely a compelling matter to take a specific case. The specific legal question is likely to arise again, if it's worth worrying about.  

There is more flexibility in lower courts, including a district judge sitting my assignment on a panel. There should be a way to do that with the Supreme Court.

OTOH, as noted, it rarely matters too much. 

ETA: A housekeeping order was released. One tidbit: "The motion of petitioners for leave to file the joint appendix in an 8½- by 11-inch format is granted."

The motion noted that since the Court sped things along, it would be difficult to use the usual format within time constraints. Okay. 

Religious Liberty Commission Follies

At a Monday (April 13) hearing at the Museum of the Bible in Washington, D.C., Texas Lt. Gov. Dan Patrick, a Republican and the chair of the commission, asked, “Would it not be a good recommendation that every school, every university, every business, has to have that one sheet on the bulletin board about protecting people’s religious liberty, and that the separation of church and state is the biggest lie that’s been told in America since our founding?”

The Trump Religious Liberty Commission meeting at the Museum of the Bible (book) is fitting. The museum is an evangelical enterprise significantly funded by Hobby Lobby. 

The chair argued that "the anti-God left has used ["separation of church and state"] to suppress people of religion in our country." This is the "biggest lie" told in America since our founding. "Slavery is a positive good" is third or fourth, perhaps. 

Religious liberty is extremely important. It is also highly debated. But the commission is not set up for an honest discussion. The discussion might offer references to Baptists, Madison, and Jefferson strongly supporting state/church separation. 

This caricature of right-wing beliefs leads some to disdain any talk about religion. We will get references to fantasy people in the sky or some such thing. 

A pending case reflects one single-minded view. A Catholic organization wants an exception to an LGBTQ equality provision. Another lawsuit involves a hospice that claims a religious exemption from a trans equality provision. 

I find such litigation selfish. Not all Catholics believe in this anti-LGBTQ doctrine. Regardless, if you want to take part in public affairs, including public welfare services, it is not outrageous that basic equality has to be followed. 

Is this what you want to worry about when providing hospice care to people? Not allowing them rooms in their self-designated genders? Will you only provide them care if they pray to Jesus Christ, too? How shallow a Christian you are. 

(Catholic nuns don't use birth control.* That is b.s., too. The concern has to be the employees. 

Some janitors at a school can't have birth control, even if it is their own employment-based health care. Some sisters realize that it is moronic.)

Last month, Meenu Batra, 53, who has lived in the South Texas border colonia of Laguna Heights since 2002, was on her way to Milwaukee, Wisconsin, to work another case. She’s been a court interpreter for over 20 years, the only one licensed in Texas for Hindi, Punjabi, or Urdu. Her language skills are requested nationwide, where she’s contracted to help people making their way through the immigration court system, just as she did for herself 35 years ago when she immigrated from India to New Jersey before settling in Texas.

I think this is probably a more troublesome threat to religious liberty. Such a translator is likely used by Hindus and other minority faiths partially to obtain religious services. 

Respect for immigrants is generally a religious obligation in many faiths. Some people do oppose anti-immigration policies, especially those of a Trumpian nature, on religious grounds.

Is the presence of "woke" religions a "big lie," too? 

==

Note: Maybe some Catholic nuns do use birth control. Some gay priests are sexually active. 

The "birth control" also sometimes has other health uses. I'm not sure how much that comes up with Catholic nuns. I assume they are not deemed "sluts" if they use it for non-contraceptive reasons. 

Braving the Truth

 

Rachel Held Evans died in 2019. Multiple additional books, including this collection of essays (with additional commentary by others), followed. I talk about it here and here. With additional Trump b.s.