SCOTUS Watch

As we await the new term, a few things continue to occur. Not that there is a lot of clarity. They are just some orders.  Let's also not forget Constitution Day on Sunday (9/17/1789 being when the Constitution was signed).  "We the People," not just the courts, determine what it means in action.

First, a stay request involving a Fulton County (no, not Georgia) election dispute was denied by Justice Alito. He did grant a temporary "administrative stay" until September 22 regarding a dispute over the Biden Administration's efforts against misinformation.  As Prof. Steve Vladeck noted:

Justice Alito has issued an “administrative stay” of the Louisiana district court injunction against Biden administration contacts with social media companies that is currently set to expire just before midnight next Friday (so such contacts aren’t blocked at least until then).

Meanwhile, in "behind the scenes" developments not shown on the Order Page, Sotomayor refused the request to stay a judgment regarding New York gun regulations.  A likely-to-fail and rarely tried (for just that reason) second shot request was made to Thomas.  

I will not link it but there was also more Thomas Family ideological train news, another long-form article, with more Leonard Leo connections.  Let's hear about non-Alito and Thomas conservative news more, perhaps.  

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Anthony Sanchez is scheduled to be executed by Oklahoma next week.  He was eighteen at the time of the crime (there is some evidence that people under 21 should not be executed given their brain development) and alleges he is innocent.  The crime is heinous enough to be considered "worst of the worst" on facts though his age alone seems like mitigation.  

The evidence of a travesty of justice seems from what I can tell dubious.  The basic problem seems to be his age at the time of the crime and the need to execute him as a public policy issue after over fifteen years in prison.  

Around twenty people are executed a year these days and it is hard to find someone who you would think "yeah that was necessary." 

ETA: After the usual "no comment" final refusal from the Supreme Court (liberals have mostly stopped commenting too), he was executed.  There were some complications involving his attorneys, but I don't think his final legal claim was that strong.  But, they should still explain.  

Meanwhile, this op-ed ultimately is a bit much even for this death penalty opponent, but it does flag some potential issues with using nitrogen gas.  I have seen some concerns about this method, which might be actually used not too long from now, but not too many.  So, it's helpful.