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Alito Sides With Mo. Inmate on Death-Row (Retread troll denied stay of execution)
BREITBART.COM ^ | 02/02/06 | GINA HOLLAND

Posted on 02/02/2006 1:54:21 AM PST by Bullitt

New Supreme Court Justice Samuel Alito split with the court's conservatives Wednesday night, refusing to let Missouri execute a death-row inmate contesting lethal injection.

(Excerpt) Read more at breitbart.com ...


TOPICS: News/Current Events
KEYWORDS: alito; deathrow; hateamericafilth; hateamericatrash; hatebush; hatingamerica; michaeltaylor; zot; zotme; zotmehard; zotmeharder
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To: AmericaUnited

I agree--I'm FOR the death penalty, but I don't think we give Alito a black mark for voting to hear with more detail a case (or I think it's letting a lower court hear a case) without studying the issues. Only 1 day on the court and I'd want time too.


61 posted on 02/02/2006 4:39:52 AM PST by LibertyLee (George W. Bush--now more than ever)
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To: LibertyLee
Only 1 day on the court and I'd want time too.

Time for what? Alito had heard as much about this case as any other justice on the Supreme Court. The appeal didn't get filed until yesterday.

62 posted on 02/02/2006 4:42:54 AM PST by AntiGuv (™)
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To: DustyMoment
The bashing Alito is getting here this morning is well-earned. Conservatives got snookered.

I'm not going to throw him under the bus on his second day.

63 posted on 02/02/2006 4:44:16 AM PST by BigSkyFreeper (Proud to be a cotton-pickin' Republican on the GOP Plantation)
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To: DustyMoment
I strongly disagree. Justice Alito had 3 choices before him, yesterday: he could vote on the side of staying the execution, vote on the side of justice, or recuse himself because he hadn't had time to become familiar with the arguments in the case

Actually DM, why recuse himself when the 8th circuit wants to hear the case again and when it rules, then SCOTUS rules(with an Alito much more read up on the case).

But what the hey you gotta go knee jerk anyway.

64 posted on 02/02/2006 4:48:33 AM PST by Dane ( anyone who believes hillary would do something to stop illegal immigration is believing gibberish)
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To: Always Right

PS. And bear in mind that this is not a case about dotting Is and crossing Ts. They are not debating whether he was correctly convicted and sentenced (that was actually rejected 9-0, at least on the basis that the legal system is inherently biased). It is a challenge to the constitutionality of lethal injection.


65 posted on 02/02/2006 4:48:59 AM PST by AntiGuv (™)
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To: Dr. Scarpetta
I agree it was unsettling to hear this on tv news. Who would have thought that he wouldn't side with Roberts, Scalia, and Thomas on his first decision?

Amazing after all your years on FR, that you can still be played like a violin by the MSM.

66 posted on 02/02/2006 4:49:59 AM PST by Dane ( anyone who believes hillary would do something to stop illegal immigration is believing gibberish)
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To: Dane
Actually DM, why recuse himself when the 8th circuit wants to hear the case again and when it rules, then SCOTUS rules(with an Alito much more read up on the case).

Alito is no less "read up" on the case than were Roberts, Thomas, and Scalia. The appeals weren't filed until yesterday. And, it's hardly as if Alito is a novice to hearing capital appeals - he's heard 10 of them as a Circuit Court judge.

And yes, if in fact he had not had time to review the case, he should've recused himself, which is exactly what Alito did with the Rutherford death penalty appeal.

This whole idea that Alito just wanted to get "up to speed" is truly beyond laughable.

67 posted on 02/02/2006 4:52:18 AM PST by AntiGuv (™)
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To: AntiGuv
It was his first full day on the job. Why recuse himself when a lower court wants to rehear the case.

It gives him time to review the case and he doesn't have to recuse himself when the lower court ruling comes through.

But you already knew that, but I guess your joining the knee jerk bandwagon was to much for you to resist.

68 posted on 02/02/2006 5:03:14 AM PST by Dane ( anyone who believes hillary would do something to stop illegal immigration is believing gibberish)
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To: Bullitt
There is a thread posted here somewhere last fall of a NYT article that has a graphic showing exacltly how often the justices are nto on the same sides in split decsions. Thomas and Scalia alone can differ often, I think it was 20% of those decisions.

These guys aren't bots, they have minds. They are also fallable.

69 posted on 02/02/2006 5:05:57 AM PST by Jalapeno
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To: Bullitt

Keep your powder dry pal. Alito is everything we hoped he would be, and the fact is, in a death penalty appeal of ANY kind, you want the SCOTUS (if they choose to hear the case) to listen to any and every argument so that when they DO drop the hammer on the perp, there is no question whatsoever that justice was served.

We don't want a rubber stamp to Roberts, Scalia and Thomas anymore than we would want a liberal rubber stamp to the likes of Ginsberg, Souter or Stevens.

Alito is a careful, thinking, intelligent jurist and if I were facing the death penalty, and got news that my case would be heard by Justice Alito, I might still get executed but I would concede that I got a fair hearing. Alito is infinitely fair, and I trust his judgment.


70 posted on 02/02/2006 5:07:40 AM PST by mkjessup (When will the U.S. Justice Dept begin prosecutions for the blatant treason we see every day?)
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To: All
God I love all the knee jerk whiny crybabies on this site.

Did any of you doom and gloom, oh god we have been snookered screechers even read the article posted earlier in this thread? It shows a very clear record on the death penalty by Alito. It shows that he is very judicious and also very very thorough before allowing Death Penalty cases to proceed. This vote is exactly in line with every ruling Alito has made in his career -- he is a "Let's hear the entire story" type of Jurist. This has all been hashed out already, and while it may be frustrating that scum like Taylor get to live a few more days or weeks, it also garauntees that no one can say the scum wasn't given a fair shake.

IT must really suck to go through life everyday with such a oh god the sky is falling, everyone turns against us, we are Doomed DOOmed DOOOOOOOOOMED attitude.

71 posted on 02/02/2006 5:08:40 AM PST by commish (Freedom Tastes Sweetest to Those Who Have Fought to Preserve It)
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To: Dane

You could not possibly sound any more ignorant about how the legal system works if you tried. Not that you need to try.

The whole appeal by Missouri to the Supreme Court was on the question of whether the case had adequate merit to be heard by the lower court. The liberals said yes, it does. The conservatives said no, it doesn't. Alito joined the liberals.

He didn't have any less time to review the case than did Roberts, Thomas, and Scalia. Roberts, Thomas, and Scalia voted to lift the stay. The liberals voted not to lift the stay. Alito voted not to lift the stay.

There is nothing about the particulars of this case that needs to be reviewed to reach a decision. Nothing whatsoever. Nada, zippo, zilch. This is not a challenge to the conviction or to the sentence. This is a challenge to whether lethal injection is cruel or unusual punishment.

Nothing even remotely in the slightest specific to this case makes a difference to that decision. Any death penalty case involving lethal injection would've been just the same.

You didn't know any of that, and I'm hardly surprised, but for some weird reason, you seem to act as if you did.


72 posted on 02/02/2006 5:10:56 AM PST by AntiGuv (™)
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To: AntiGuv
You could not possibly sound any more ignorant about how the legal system works if you tried. Not that you need to try.

Well it seems you are the self-proclaimed expert on ignorance and it is your right to give yourself such accolades.

It was Alito's first day. I will trust his judgement on such cases, not some chicken little wannabe SCOTUS justice.

73 posted on 02/02/2006 5:17:04 AM PST by Dane ( anyone who believes hillary would do something to stop illegal immigration is believing gibberish)
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To: Dane
And might I also add that this is Justice Alito's assigned circuit. Not only did he have as much time to review the case any other justice, but he was in fact the first to review the case and to then refer it to the full court.
74 posted on 02/02/2006 5:17:29 AM PST by AntiGuv (™)
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To: AntiGuv
So was Alito neutered by the Kennedy liberals???
75 posted on 02/02/2006 5:18:59 AM PST by Just mythoughts
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To: AntiGuv; commish
Not only did he have as much time to review the case any other justice, but he was in fact the first to review the case and to then refer it to the full court

It was his first day, O'Connor would have been the first to review it and refer it to the court.

Anyway, I'll take commish's well thought out comments about Justice Alito over your knee jerkiness anyday.

76 posted on 02/02/2006 5:22:31 AM PST by Dane ( anyone who believes hillary would do something to stop illegal immigration is believing gibberish)
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To: Bullitt

I pray that he is not another Souter! I had fears all along that he was a closet liberal.


77 posted on 02/02/2006 5:23:19 AM PST by The Sons of Liberty (Former SAC Trained Killer)
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To: Dane
It was his first day, O'Connor would have been the first to review it and refer it to the court.

The Supreme Court says you don't have a clue what you're talking about any more so than usual.

05A705 CRAWFORD, DIR., MO DOC, ET AL. V. TAYLOR, MICHAEL A.

The application to vacate the stay of execution of sentence of death entered by the United States Court of Appeals for the Eighth Circuit on February 1, 2006, presented to Justice Alito and by him referred to the Court, is denied.

The Chief Justice, Justice Scalia, and Justice Thomas would grant the application to vacate.

And Justice O'Connor's circuit was the Ninth Circuit.

78 posted on 02/02/2006 5:27:10 AM PST by AntiGuv (™)
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To: Bullitt

Uh oh! Justice Alito, have you met Justice Souter?


79 posted on 02/02/2006 5:28:17 AM PST by anton
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To: Dane

Justice Thomas last handled the Eighth Circuit before Alito.


80 posted on 02/02/2006 5:31:36 AM PST by AntiGuv (™)
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