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September 29, 2007

Everyone trying to figure out if there is now an execution moratorium

Not surprisingly, the media is as unsure as I am about whether Supreme Court's blocking of a Texas lethal injection Thursday (details here) means the Justices will prevent all lethal injection executions while the Baze case is pending.  (Notably, in this Jurist forum piece, Alison Nathan suggests that Baze should lead to a "Pausing the Machinery of Death.")  Consider these dueling headlines from major media coverage:

I am grateful to the NYTimes for citing this post speculating that we will see few if any executions over the next 9 to 18 months. 

Also, with one reporter, I suggested that the broadest impact from the Baze case may be the creation of a "molasses moment" in the administration of the death penalty throughout the United States.  In addition to stalling executions, the Baze case might lead prosecutors and judges nationwide to stop spending less time on capital cases and more time on other matters.

Some recent related posts:

September 29, 2007 at 08:32 AM | Permalink

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» You Know You're Deep in Blawgging When... from De Novo
You wince at seeing "The lower courts, and maybe even the executive branch of these states, may say, let's wait till we hear definitively from the U.S. Supreme Court before we rush forward with an execution," said Doug Merman, a... [Read More]

Tracked on Sep 30, 2007 11:17:57 PM

» You Know You're Deep in Blawgging When... from De Novo
You wince at seeing "The lower courts, and maybe even the executive branch of these states, may say, let's wait till we hear definitively from the U.S. Supreme Court before we rush forward with an execution," said Doug Merman, a... [Read More]

Tracked on Oct 1, 2007 12:42:40 AM

Comments

Texas is like a sidewinder snake: poisonous, remorseless and tenacious.
The state motto should be changed to "Welcome to Texas. Screw-up and we'll kill you - painfully"
I suspect this is a back door around limitations on the death penalty to overturn recent court decisions against lethal injection. With the most conservative Supreme Court in recent history, Texas might prevail.
Remains to be seen.

Jess
Reporter in recovery

Posted by: Jess | Sep 29, 2007 12:23:45 PM

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