Last-minute execution decisions expose wide and bitter rift at Supreme Court

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In opinions Monday, justices detailed what usually is discussed in private.

By Robert Barnes Robert Barnes Reporter covering the U.S. Supreme Court Email Bio Follow May 13 The Supreme Court meets in private to decide last-minute pleas from death-row inmates to stop their executions, and what happens behind the maroon velvet curtains often stays behind the maroon velvet curtains.

In a separate filing, Alito also defended a much-criticized ruling from the court in February that allowed the execution of a Muslim inmate, also in Alabama, where he was denied a request to have an imam at his side in the death chamber. The back-and-forth exposes raw feelings among the justices over the death penalty and whether it can be carried out in an equitable manner. The catalyst seems to have been Kavanaugh’s replacement of Justice Anthony M. Kennedy.

The court’s “dallying,” Thomas wrote, meant Alabama had to delay Price’s execution. He quoted Alabama Gov. Kay Ivey as calling that a “miscarriage of justice.” “To proceed in this matter in the middle of the night without giving all members of the court the opportunity for discussion tomorrow morning is, I believe, unfortunate,” Breyer wrote.

In the opinion he contributed Monday, Kavanaugh said he “fully” agreed with Alito that counsel for death row inmates must “raise any potentially meritorious claims in a timely manner, as this Court has repeatedly emphasized.”

 

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It’s only wide & bitter when the Left is on the short end of the stick

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