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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: 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: 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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