« "Legitimacy Matters: The Case for Public Financing in Prosecutor Elections" | Main | "More states need to use their 'good time' systems to get people out of prison during COVID-19" »

January 13, 2021

After SCOTUS reverses stays by 6-3 votes, US complete early morning execution of only woman on federal death row

As reported here via SCOTUSblog, the "Supreme Court on Tuesday night cleared the way for the execution of Lisa Montgomery, the first woman to be executed by the federal government in 68 years.  Montgomery was convicted in 2008 of strangling Bobbie Jo Stinnett, a Missouri woman who was eight months pregnant, and extracting the premature baby to pass off as her own child." Here is more:

In a series of brief, unsigned orders, the Supreme Court reversed a pair of rulings from federal appeals courts that had put Montgomery’s execution on hold, and it denied two other last-minute requests in which Montgomery argued she was entitled to a postponement. In two of the orders, the court’s three liberal justices indicated that they dissented and would not have allowed the execution to proceed.

Soon after the court issued its final late-night order, Montgomery was put to death by lethal injection at the federal execution facility in Terre Haute, Indiana.  She was pronounced dead at 1:31 a.m.

Four separate cases relating to Montgomery’s execution reached the justices in emergency litigation over the past several days....

Montgomery was the first woman to be executed by the federal government since 1953.  No other women are currently on federal death row.  Montgomery also became the 11th person to be put to death by the federal government since last July, when the Trump administration ended a 17-year moratorium on federal executions.

The Justice Department has scheduled two more executions in the waning days of the Trump administration.  It wants to execute Corey Johnson on Thursday and Dustin Higgs on Friday, but both men recently tested positive for COVID-19, and a federal judge on Tuesday halted their executions based on a risk that lung damage associated with the virus could cause them to suffer severe pain during a lethal injection. 

I had been following all the litigation in the run up to the scheduled execution, but I did not blog about any of the stays because it seemed to me quite likely that the Supreme Court would ultimately clear the path for the feds to move forward.  In most of the previous 10 federal executions over the last six months, the condemned defendant secured or argued forcefully for a stay; in every single case, SCOTUS has allowed the execution to go forward.  I will be surprised if this pattern does not repeat itself again twice more this week with the scheduled executions of Corey Johnson and Dustin Higgs.

As the SCOTUSblog post notes, Montgomery was the first woman executed by the federal government in the modern death penalty era.  She is also the first woman executed anywhere in the US in more than five years; Georgia executed Kelly Gissendaner for orchestrating the murder of her husband back in September 2015.  Montgomery is also the first person executed in 2021.  This DPIC page details that she is the 17th woman executed in the modern death penalty era (out of a total of 1530 total executions).

January 13, 2021 at 09:22 AM | Permalink

Comments

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB