[montag813]

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

Should have recused on that basis. Would have been 5-3. Bad judgement in acting on it, imho.

[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.