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February 17, 2020
So much for a speedy resolution in the DC Circuit of the injunction currently precluding federal executions
Though SCOTUS is in the midst of a long all-star break, SCOTUSblog continues to post some notable new copy. A couple of new posts on the death penalty caught my eye and are worthy reads:
- SCOTUS for law students: The Supreme Court and the death penalty
- The federal death penalty at the Supreme Court
The latter of these two posts notes that the "Department of Justice has recently announced its intention to resume federal executions, prompting challenges that are currently pending." That last phrase reminded me that, as reported here, back in early December the Supreme Court denied an application to lift a lower court injunction precluding federal executions while stating that it would "expect that the Court of Appeals will render its decision with appropriate dispatch." In a companion two-page statement authored by Justice Alito (joined by Justices Gorsuch and Kavanaugh) ended this way:
The Court has expressed the hope that the Court of Appeals will proceed with “appropriate dispatch,” and I see no reason why the Court of Appeals should not be able to decide this case, one way or the other, within the next 60 days. The question, though important, is straightforward and has already been very ably briefed in considerable detail by both the Solicitor General and by the prisoners’ 17-attorney legal team. For these reasons, I would state expressly in the order issued today that the denial of the application to vacate is without prejudice to the filing of a renewed application if the injunction is still in place 60 days from now.
We are now 73 days from when these matters were addressed by the Supreme Court on December 6, 2019, and these issues were argued before the DC Circuit now more than a month ago. I am still expecting that an opinion will be coming from the DC Circuit this month, but the fact that we are already two week past the 60-day "recommendation" from Justice Alito serves as yet another reminder of how slowly the wheels of capital justice can turn.
Prior related posts:
- "Federal Government to Resume Capital Punishment After Nearly Two Decade Lapse"
- Previewing the (swift? endless?) litigation sure to ensue in wake of effort to restart the federal machinery of death
- Rounding up capital commentary in response to AG Barr's effort to restart the federal machinery of death
- Federal judge halts pending scheduled federal executions based on contention that planned execution protocol "exceeds statutory authority"
- How quickly could litigation over federal execution procedures get to SCOTUS?
- DC Circuit denies Justice Department's motion to stay or vacate preliminary injunction now blocking scheduled federal executions
- SCOTUS denies Justice Department's motion to stay or vacate preliminary injunction now blocking scheduled federal executions
- Dispute over legality of new federal execution protocol up for argument in DC Circuit
February 17, 2020 at 04:13 PM | Permalink