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

Friday, August 28, 2020

Summer Break SCOTUS

It took until August, but SCOTUS is seems to be on a summer schedule now.  The second scheduled summer order [ignored as such by SCOTUSBlog -- they even reported on something in it without noting the nature of the order list overall]  was dropped.  As noted at the link, the order involved oral argument time for the stupid PPACA case scheduled right after the election.  There were also rehearings denied, including one which for some reason Gorsuch didn't take part in.

The other particularly posted order [there are various actions that are found on the case docket pages not so posted] involved the execution of the only Native American on federal death row.  There were certain procedural concerns, but the main issue was that the Navajo Nation opposed the execution.  The feds found a way around the usual requirement about asking permission.  The latest is that the victim's parent now isn't against it though earlier there were reports she was.  He was executed.

There was an issue that came up again regarding a federal statute requiring the feds to execute using procedure of the state in question.  Sotomayor posted one of her statements, where she joins with everyone else but flags something, arguing the issue is a concern but this was a bad case to decide the question.  She and RBG earlier this year dissented from refusal to take the issue when it came up before any executions. It seems a tad outrageous a serious dispute is not give SCOTUS review before federal executions return after fifteen years, thus far more than that occurred since the 1960s (three executions vs. five).

A federal judge that earlier flagged concerns but was overturned had the same occurred regarding that fifth execution.  The link touches upon other concerns, including evidence of brain damage.  As to the safety of the drugs, an autopsy of one of the federal inmates executed suggests evidence of serious pain during the process.  This was one of the executions that with the help of five (three justices) was rushed, blocking normal appellate review that would have simply taken a few weeks.

Anyway, for whatever reason, it doesn't look like the second inmate's lawyers appealed things to SCOTUS -- he was executed without any order being posted. Meanwhile, I read The Enigma of Clarence Thomas, which argues he is a black nationalist among other things. The author wrote other stuff on conservationism and notes he personally opposes Thomas' ideology.  It is overall an interesting book, showing wrong or not, he has a complex ideology that is not just mainstream conservative cant.

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