Free Republic

The Supreme Court sent a case concerning a death row inmate, who claims he can no longer remember his crimes because of several strokes he had while in prison, back down to the lower courts to take a second look. The court had already stayed the inmate Vernon Madison's execution last January. In a 5-3 vote, Chief Justice John Roberts sided Wednesday with the liberals on the court in favor of Madison. Only eight justices had heard the case because Justice Brett Kavanaugh had not been confirmed by the time the case was argued.

Without being aware of it, Vernon Madison might become a footnote in constitutional law because he is barely aware of anything. For more than 30 years, Alabama, with a tenacity that deserves a better cause, has been trying to execute him for the crime he certainly committed, the 1985 murder of a police officer. Twice the state convicted him unconstitutionally (first excluding African Americans from the jury, then insinuating inadmissible evidence into the record). In a third trial, the judge, who during his time on the bench overrode more life sentences (six) than any other Alabama judge, disregarded the jury’s...