White paper critical of Alito's death penalty work

Perhaps not coincidentally on the day of the highest profile execution in many years, the American Constitution Society today has posted on-line this white paper by Prof Goodwin Liu and Lynsay Skiba entitled "Judge Alito and the Death Penalty."  The 14-page paper strikes themes similar to Prof Liu's LA Times commentary that was highly critical of the work of Judge Sam Alito in capital cases during his tenure as a Third Circuit judge.  Here is an opening paragraph from the white paper:

In his 15-year career on the U.S. Court of Appeals for the Third Circuit, Judge Samuel Alito has participated in 10 capital cases. Five were decided unanimously by three-judge panels. The other five provoked strong disagreement between Judge Alito and his colleagues. In each of the five contested cases, Judge Alito ruled against the inmate. His opinions, which we examine in detail, show a disturbing tendency to tolerate serious errors in capital proceedings. They reveal troubling perspectives on federalism, race, and due process of law, and they have worrisome implications for the protection of individual liberties in the war on terror.

As detailed in the prior posts listed below, there is a lot to say on these topics:

• Alito and the death penalty
• Alito and Feingold discuss the death penalty
• More on Alito the prosecutor and Alito on the death penalty
• Still more on Alito and the death penalty
• Critical commentary on Alito's death penalty work
• Counterpoint on Alito and the death penalty