First, the liberals (per Sotomayor) dissented in a cert. denial on Monday, arguing there was a racist juror that tainted things. And, remember that religious liberty case recently decided about the right of the damned to be touched and have spoken prayer in the execution chamber?
The Texas prosecutor had a change of heart and not only thinks executing him is "unethical" but broadly opposes seeking the death penalty in future cases. This might surprise, but even in Texas, executions have been sparse in recent years. Plus, when they do occur, only certain counties are much more likely to be involved.
[There have been four executions this year so far. Two in Oklahoma, one each in Alabama and now Texas.]
Back to the April executions. Each has problems in their own ways. It is unclear how the ones scheduled next week will go. And, Tennessee started things on the wrong foot today as well, one article speaking of some "oversight" in the lethal injection process delaying things. SMH.
The two executions scheduled today both involved old white guys on death row for decades. Justice Breyer repeated his early statement in the Texas case that he finds executing people on death row for decades, especially when they are in effect in solitary during much of the time, particularly problematic. Texas executed him, or given his age and health problems, should I frame it as a sort of forced euthanasia?
The Tennessee case had that problem too, but the last minute appeal rested on an innocence claim. The lower court said it was weak. The justices rejected the whole thing without comment. I continue to find that -- especially when no liberal even provides a statement -- dubious.
Maybe, the guy's case is really weak. That can be noted, explaining to people why someone with a claim of innocence is being rejected by the Supreme Court. Sometimes, as Breyer noted the first time in the Texas case, there is a problem procedurally in taking these cases. The Supreme Court is not merely there for error correction. But, that too can be clarified, especially the few times the taking of a human life by the state is involved.
At the end of the day, Tennessee postponed their execution. The possible firing squad execution is in limbo at the moment. And, the screwed up Texas proposed execution of a woman is to be determined. How about we just stop the whole thing?
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