Posted on 02/01/2006 8:13:20 PM PST by definitelynotaliberal
The second ruling was Taylor's request that the 8th Circuit hear his appeal on Lethal Injection being Cruel and Unusual punishment. The 8th issued a stay of execution so they could hear the case. Alito ruled to uphold the stay so the 8th could hear the case.
SCOTUS also has a case from Florida on the docket to rule on the same Cruel and Unusual punshment issue.
I don't understand why everyone is so confused about this.
Agreed.
No way does Alito make his first SC decision a decision to execute some killer whose case he is not even slightly familiar with. I would have done the same thing. Then I would get up to speed and make sure the killer gets the needle he deserves.
New Supreme Court Justice Samuel Alito cast his first vote on Wednesday, as the court refused to give Missouri permission to immediately execute a man who killed a teenage honor student.
Note -- it says "THE COURT REFUSED" - Alito voted with everyone else. I don't know why other stories say the vote was split unless they're just so anxious to prove he is a liberal and piss off conservatives that they didn't check the facts?
Look at the headlines: "Alito Splits With Conservatives on Inmate", "Alito Opposes Mo. Execution". Both are fuel for the fire.
After careful consideration, I'm just going to let certain Freepers determined to make fools of themselves by claiming Alito is Souter! march over their hastily constructed cliff. Things will be far more peaceful around here when they follow Wily Coyote and hit the dirt.
Much thanks to the Freepers trying to speak logic and sense to them. I just haven't the desire to spend the next ten years assuring them he's a good selection as every decision comes down.
You are right!!
The news media is trying to make a story out of a non story.
Excellent post!
Pass the popcorn please.
The media is trying to mess with Republicans. Get them upset for an election year and hope they won't show at the polls.
Below is Charles' great post on what happened:
http://www.freerepublic.com/focus/f-news/1569856/posts?page=69#69
Missouri appealed a stay of the execution, which was set to expire anyway this afternoon. Earlier today, the court ruled 9-0 to NOT lift that stay, which then ended on its own on the original schedule.
Meanwhile, the convict had two appeals working up through the courts for a stay of execution for other reasons. In the first, he claimed his death sentence was racist. The court WITHOUT alito ruled 8-0 NOT to grant the stay.
In the second, he claimed that lethal injection was cruel and unusual punishment. Alito heard that request, and then the court voted 5-4 to UPHOLD that request, thus putting the execution on hold.
So, there were THREE votes today, one on a Missouri request (denied 8-0), one on a convict request to stay based on racism (denied 9-0), and one on the convict request to stay based on 8th amendment (accepted 5-4).
Apparently the court has a couple of these 8th amendment appeals about lethal injections wending their way, and I guess Alito thinks it's worth hearing the argument (or at least letting a lower court decide whether to hear the argument).
Anyway, I hope this clears up the confusion.
I'll send you a check to help pay for pampers to send to him!
Thanks for the info. The articles on this issue were shockingly confusing today. I have rarely seen such poorly-written articles. This is why you have BEAT writers file stories on issues like this, not some GA reporter.
Thank you, but keep it handy...
Something tells me it might need several postings!
Yes, and yes.
But that shouldn't have anything to do with it.
I don't care what his faith says about any issue, only what the Constitution says on it. The Church can dislike the death penalty all it likes, but there's no basis in the Constitution to prohibit it, and therefore Justice Alito's religious beliefs are not material.
Only the Constitution of the United States is the issue. If he lets his faith decide these cases, then he's an activist judge.
Thanks :)
There were multiple actions taken by the Court today on this case. I believe at least four orders of some kind were issued. They'll be entered at the Supreme Court website by tomorrow.
A lot of people are saying that Alito voted this way because he was unfamiliar with the case. If so, then he should have recused himself as he did in the Rutherford actions (also related to the death penalty).
A more likely explanation is that Alito's very mixed record on capital punishment in the lower courts is not a fluke, and that he actually does side with the merits of letting the inmate's case go forward.
Or maybe he will emerge as an opponent of capital punishment. After all, wasn't the implicit notion that he would rule according to his Catholic faith thought to be a positive? The Roman Catholic Church is adamantly opposed to capital punishment.
And how do you know that he had a heads up on this? Who told you a Supreme Court nominee will be reviewing Supreme Court cases behind the scenes while waiting for his confirmation? Where do some of you people come up with this crap? Your stupid conclusions are no different from the delusional conclusions of the liberal media.
The fact that three Catholics vote to uphold capital punishment hardly guarantees that a fourth Catholic will do likewise.
It sure does and thanks for your post.
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