Alito Votes to Stay Mo. Execution

The Washington Post ^ | 2/2/2006 | GIna Holland

[babygene]

In Furman v. Georgia (1972), Justice Brennan wrote:

The "essential predicate" is "that a punishment must not by its severity be degrading to human dignity".

____________________

One could argue that "putting down" a human in the way we commonly put down dogs is degrading to human dignity...

[Don'tMessWithTexas]

I am no expert on federal procedure, however, I do know that this was NOT a ruling on the constitutionality of the death penalty. The SCOTUS was reviewing whether to overturn a stay put in place by the 8th Circuit Court of Appeals.

One has to overcome a high standard in order to overturn a stay put in place by a lower court. I don't understand why Roberts, Scalia and Thomas voted to overturn, but at most Alito was simply allowing a stay, put in place by one of the more conservative circuits, to remain in place pending that Circuit's own review.

In addition, Alito's vote was not determinative. The stay would have stayed in place regardless, because the vote was 6-3.

Therefore, given his arriving at the court yesterday, it was more than judicious to simply maintain the status quo. Bottom line: Chill folks

[Always Right]

 

Here are just a few posted since last night.....all by Gina Holland, AP. I am getting irated because on every thread there are posters referring to Alito as Souter, which is just silly.

 

Alito Opposes Mo. Execution
AP ^ | Feb 1, 2006 | AP
 

Posted on 02/01/2006 10:01:01 PM EST by kddid
 

WASHINGTON (AP) - 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.

Alito, handling his first case, sided with inmate Michael Taylor, who had won a stay from an appeals court earlier in the evening. Chief Justice John Roberts and Justices Antonin Scalia and Clarence Thomas supported lifting the stay, but Alito joined the remaining five members in turning down Missouri's last-minute request to allow a midnight execution.
 

Alito Splits With Conservatives on Inmate
Yahoo! ^ | 02.01.06 2 minutes ago | GINA HOLLAND, Associated Press Writer
 

Posted on 02/01/2006 11:13:20 PM EST by definitelynotaliberal
 

WASHINGTON - 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.

Alito Sides With Mo. Inmate on Death-Row
BREITBART.COM ^ | 02/02/06 | GINA HOLLAND
 

Posted on 02/02/2006 4:54:21 AM EST 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.

 

Alito splits with conservatives on first case
MSNBC ^ | 2/2/06 | AP
 

Posted on 02/02/2006 8:26:31 AM EST by Boston Republican
 

Alito splits with conservatives on first case Votes to stop Missouri from executing killer contesting lethal injection WASHINGTON - New Supreme Court Justice Samuel Alito split with the courtÂ’s conservative wing Wednesday night, refusing to let Missouri execute a death-row inmate contesting lethal injection. Alito, handling his first case, sided with inmate Michael Taylor, who had won a stay from an appeals court earlier in the evening. Chief Justice John Roberts and Justices Antonin Scalia and Clarence Thomas supported lifting the stay, but Alito joined the remaining five members in turning down MissouriÂ’s last-minute request to allow a midnight execution.
 

 

 

[Extremely Extreme Extremist]

You claim the article has been posted a dozen times. That's obvious exaggeration. I can only find a single other instance where a similar article was posted, not this one.

Did you use the Alito keyword? If you had, you'd find at least a half-dozen articles related to this.

This is much ado about nothing. Nothing but the AP trying to get conservatives riled up. The original decision was 9-0.

[mlc9852]

I must have been sleeping.:)

But when I see posts that I have already read, I simply skip over them. Some of us can't be on FR all the time, though I certainly try.

[Don'tMessWithTexas]

Those who are fretting about this are being silly. This was a procedural vote that made no decision whatsoever on the constitutionality of the death penalty. The libs are simply reaching for anything that could give them comfort in the face of a bitter defeat.

[yoe]

Taylor pleaded guilty and said he was high on crack cocaine at the time.

Ignorance of the law is no defense should apply as well to those who claim ignorance because they were using drugs when they committed a crime. Taylor’s claim that lethal injection is cruel and unusual punishment, hardly holds water in light of what he did to Ann Harrison. Once again the appeals situation is out of hand – who is paying these lawyers to keep appealing for Taylor? The State, i.e., the tax payers? That is probably a crime in itself.

I’ll give Judge Alito a pass on this one but I sure would like to read his opinion.

[new yorker 77]

This is why the GOP needs to remain in power.

When Conservatives are out of power, the GOP version of Daily Kos will rise to froth mode and come out of the dark and into the light of day to misrepresent all conservatives.

Anyone who compares Alito to Souter based on uneducated MSM driven reporting is as bad as a reactionary liberal.

[Extremely Extreme Extremist]

The Mods should have immediately locked up or pulled the other Alito threads.

[Always Right]

One has to overcome a high standard in order to overturn a stay put in place by a lower court. I don't understand why Roberts, Scalia and Thomas voted to overturn, but at most Alito was simply allowing a stay, put in place by one of the more conservative circuits, to remain in place pending that Circuit's own review.

Alito may have been smart for allowing this. Two similar cases are already going forward in Florida. The Supreme Court will rule on one of these three cases, and this could very well be the best case to decide it on.

[AmericanDave]

I woudn't want my First Act as a Justice to be allowing a man's execution...... Who would?

[NCSteve]

Did you use the Alito keyword?

I sure did, and I searched on Alito and Gina Holland and got nothing.

I understand the frustration, but the correct response is not to jump down other FReepers' throats. That's how we get a reputation for "eating our own." And I haven't seen anyone on this thread refer to Alito as another Souter. I can tell you I don't feel that way.

[Vaquero]

recusing would have been the same as voting yes. Obviously it was important enough to him to determine the life or death of this individual.

His action does NOT stop the execution, it just alows the justices time to review the evidence before making a final decision.

[Sensei Ern]

Does it have to be both cruel and unusual?

What if it is cruel, but usual?

What if it is not cruel, but is unusual?

FWIW, needle injections are pretty usual in many criminals.

[ConservativeDude]

One of my pet peeves here is when folks b***** about posting articles more than once. Just fyi, some of us don't mind. It gives us more opportunity to see it. Obviously if it is posted twelve times it is worth reading.

[Extremely Extreme Extremist]

Here's another thread today.

http://www.freerepublic.com/focus/f-news/1570039/posts

[Joe 6-pack]

"I woudn't want my First Act as a Justice to be allowing a man's execution...... Who would?"

I agree, even though I have a hard time calling the killer of a 15-year-old girl, "a man." As I've stated elsewhere in this matter, I think he showed sound judicial temperment, and believe his vote was most likely due to the lack of time he no doubt has had this week in order to review the case. Furthermore, now that Alito has established his, "Pro-Life" credentials, the libs have no room to complain when he rules against infanticide....;-)

[AmericanDave]

"the libs have no room to complain when he rules against infanticide....;-).."

And the most gruesome type of infanticide, the partial birth abortion. Good lets end this atrocity forever!

[yama85]

"Taylor’s claim that lethal injection is cruel and unusual punishment, hardly holds water in light of what he did to Ann Harrison."

Since a an injection is so cruel and unusual, maybe Alito is considering letting Taylor be executed in the same manner as he murdered Ann Harrison.

"In 1989, Ann Harrison was kidnapped while she waited for the school bus. Her body was found several days later in the trunk of a stolen car, where she was left after being stabbed to death."

[foreverfree]

bump