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May 24, 2021

Lengthy lament in SCOTUS cert dissent about execution method litigation

The Supreme Court’s order list this morning has no cert grants and lots and lots of cert denials.  And, at the end, Justice Sotomator penned a lengthy dissent to one such denial concerning a Missouri inmate’s effort to contest the state’s execution methods.  This dissent, in Johnson v. Precythe, No. 20-287, is joined by Justices Breyer and Kagan.

Because I am caught up with some pomp and circumstance today, I will not have a chance to review this opinion closely anytime soon.  (But I do have time to note that there are precious few persons being intentionally executed by states these days while there are still lots and lots of persons dying in prisons and jails due to neglect and other less intentional causes.  I hope these other more frequent kinds of deaths in custody might get more attention from the Supreme Court before too long.)

May 24, 2021 at 09:48 AM | Permalink


Justice Sotomayor also is also concerned with people at risk in prisons as shown by one of her dissents on COVID related guidelines.

The dissent is basically part of a continuing series from Sotomayor on the problems with lethal injection and so forth. The Supreme Court asked for special briefing on the case, which was provided. This would be the final result of that sub-thread, so to speak.

Posted by: Joe | May 24, 2021 10:24:50 AM

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