[NCSteve]

I don't know of a way to justify this vote on federalist or originalist grounds.

[alisasny]

All I can think is that he did not have appropriate time to research the case. That would make sense to me.

To fault him on this on day 1 is silly.

[frankjr]

Yes indeed...bring back Harriet Miers!!!!!

[Vaquero]

he gets this cold on the day he takes the oath and you expect him to have a man put to death without reviewing.

give him a couple of weeks before condeming him.

[Always Right]

The 12th time this article has been posted....

[traderrob6]

"I don't know of a way to justify this vote on federalist or originalist grounds"

Constitutional scholar are we?

[Porterville]

From the story... I ain't no high fangled lawyer dabling in the black arts of double speak but this is from the story:

An appeals court will now review Taylor's claim that lethal injection is cruel and unusual punishment, a claim also used by two Florida death-row inmates that won stays from the Supreme Court over the past week. The court has agreed to use one of the cases to clarify how inmates may bring last-minute challenges to the way they will be put to death.

[theDentist]

"We're Dooooooomed!!!"

[BigSkyFreeper]

I think in the end, the scumbag will be executed, and some FReepers will have wasted gun powder over nothing.

[A.A. Cunningham]

Gina Holland is a moron same for those who take what she writes as legal fact.

[xsmommy]

do you know what was actually argued and held in this case?

[Wasanother]

It's a stay, nothing more nothing less. It goes back to the lower court, they rule it's legal, it goes back to the SC, Alito has the background by now and sides with the lower court then finally Ba-Bye.

[ElPatriota]

You know, his FIRST day and he has a life in his hands... common sense tells me, one should take a good long look before thumbing him down. He shows good sense.

Now, after he has a chance to review it... then is frying time. Oh yes, no mercy from me for those who had none with innocent victims.

[Extremely Extreme Extremist]

This entire article is a lie

[DaGman]

"I don't know of a way to justify this vote on federalist or originalist grounds."

And you've read the briefs and heard the arguments from both sides for the stay? How do you come to this conclusion based on the facts of the case?

[Wasanother]

The MSM got their way by creating controversy where none exist.

[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

[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.

[foreverfree]

bump

[Dave S]

Having been on the court a matter of hours before the stay was put before him, I can understand why he would like to have more information before voting to kill someone. This isnt overturning a verdict, its just pushing off the execution date a short time.

After saying in the hearings that he would judge each case individually, what do you expect him to do first day on the job, vote lockstep with Roberts and Scalia?