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Alito's First Ruling Isn't Encouraging (Soutered again?)
Sierra Times ^ | 2/3/2006 | Lee R. Shelton IV

Posted on 02/03/2006 1:05:52 PM PST by FerdieMurphy

Imagine yourself in the stands at the Kentucky Derby. A new horse by the name of President's Choice, a strong thoroughbred that racing aficionados have been talking about, is favored to win. "And they're off!"

Now imagine everyone's shock when the gates fly open and the odds-on favorite starts running the wrong way. We saw something similar last night.

Samuel Alito, the "conservative" judicial nominee over whom all good little Republicans were drooling, cast his first vote as the nation's newest black-robed oligarch. This morning's edition of the Washington Post reported: "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. ..."

Is this what "conservatives" were hoping for when President Bush nominated Alito to the Supreme Court? I doubt it. But perhaps I'm rushing to judgment (pardon the pun). Who is this Michael Taylor anyway? As a Jan. 27 article in the Columbia Missourian explains, Taylor was "sentenced to death after being convicted of the rape and murder of 15-year-old Ann Harrison on March 22, 1989."

Okay, so the defense must have discovered some new DNA evidence that casts a reasonable doubt on Taylor's guilt, right? Not really. The article continues: "A federal judge last week issued a stay of Taylor's Feb. 1 execution in response to his lawyer's request for a hearing to present evidence challenging the lethal injection process. …Taylor's lawyer, John William Simon of St. Louis, has since filed a federal court action arguing that the three drugs the state uses in executions create a risk of gratuitous pain that is not necessary to carry out "the mere extinguishment of life."

Let's see if I understand this. The case before the Supreme Court yesterday had nothing to do with using the normal appeals process to examine new evidence that had come to light. In fact, it had nothing at all to do with determining Taylor's guilt or innocence. It was all about the method of execution? Was Taylor's lawyer able to interview death row inmates who had been executed by lethal injection to see what they had to say?

Michael Taylor has already spent the last 17 years living on taxpayer expense. That's two years longer than the girl he kidnapped, raped and killed had her entire life. Now, the Supreme Court of the United States wants to stand in the way of justice simply because the drugs used to carry out an execution may not provide the condemned murderer with the comfort he expects when paying the price for his brutal crime.

I find this rather odd. When this country was young, no one questioned the constitutionality of death by hanging or firing squad. But now, in the 21st century, we find ourselves debating whether or not the act of sedating murderers before executing them is cruel and unusual punishment.

At the very least, that should be left for the states to decide. After all, not every state has the death penalty, so there is obviously still some consideration given to the concept of states' rights. I think it is perfectly reasonable to conclude that if individual states are able to decide whether or not they will implement capital punishment, then they should be allowed to determine the means of execution.

The fact that Samuel Alito chose to side with the liberals on the Court in a ruling that tramples on states' rights is cause for concern. Those who threw their enthusiastic support behind George W. Bush's nominee may wake up one morning to find that they have been duped yet again, and the nation's highest court has another Souter on its hands.


TOPICS: Constitution/Conservatism; Editorial; Extended News; News/Current Events; Philosophy
KEYWORDS: alito; asininepost; chafeeshappy; embarrassing; handwringers; hillaryshappy; hysteria; hysterics; justdamn; kneejerkingfreepers; leersheltoniv; michaeltaylor; notasininepost; ridiculous; ruling; schumershappy; scotus; teddyshappy
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To: All
The audio version of this column and others like it.
61 posted on 02/03/2006 1:27:09 PM PST by dighton
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To: TChris

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. ..."


62 posted on 02/03/2006 1:27:43 PM PST by FerdieMurphy (For English, Press One. (Tookie, you won the Pulitzer and Nobel prizes. Oh, too late.))
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To: RoseofTexas
Perhaps we gloated prematurely. Feels like we got semi-boiled egg on our faces after all the crowing we did on Tuesday! I hope I'm completely WRONG...:(

You are wrong. Schumer asked Alito about his thoughts on the death penalty, and his ruling is exactly what he told Schumer he would do. Schumer was torqued and said Alito's answer was vague and that Alito was dodging his question.

63 posted on 02/03/2006 1:28:03 PM PST by BigSkyFreeper (Proud to be a cotton-pickin' Republican on the GOP Plantation)
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To: Diddle E. Squat

The author is another Chicken Little idiot who can't decipher a fact to save his life. Just looking for a chance to put on the professional victimology wardrobe and rend his garments while screaming "betrayal." 'Sierra Times' should be a tipoff that what follows is likely tinfoil or hysteria.

And there's a sucker registered every minute, it seems...



Hey, D.E.

It seems to follow a recent pattern: when the Left doesn't get what it wants, it tries to delegitimize the victor's (victors') victory. Cases in point:

a. Saying that President Bush was selected, not elected, after the 2000 recount

b. Claiming that "a million African Americans were disenfranchised/denied the ability to vote" before and after the 2004 Elections (a claim I never heard after Carter and Clinton's victories...but I digress)

c. Both the presidential and the vice presidential candidates feeling the need to mention that one of Dick Cheney's daughters is a lesbian, in order to fracture the Republican support for Bush and Cheney;

d. Contesting the Ohio Electoral Vote count on January 6 in the House and Senate;

e. Complaining about the cost of having another inaugural celebration (since we were at war, and since GW had already had one...again, I heard no such argument when Clinton had his second inaugural)

...and so on. Trying to depress the winners' base, whether an election is coming, or not. So predictable, so stupid...so...Left.


64 posted on 02/03/2006 1:28:14 PM PST by Christian4Bush (More than 3000 people lost their "civil liberties" on September 11, 2001.)
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To: TAdams8591

"Good. I'd be very surprised if Alito turned into a Suitor."

Me too, he is a married man. LOL


65 posted on 02/03/2006 1:28:46 PM PST by dinoparty
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To: FerdieMurphy

Oh if ONLY President Bush had stuck with his guns and his first nominee, Harriett Myers!

We are doomed, DOOMED!!! Justice Alito's first day, he upsets some people by not ruling as they expected!

Wait until next week, when he peels off his face and we see that it isn't Sam Alito at all, it's that OTHER Italian American, (*gasp*) MARIO CUOMO!

AIIIIEEEEEEEEE!!!!!!!!


66 posted on 02/03/2006 1:28:48 PM 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: fizziwig; doug from upland

any chance we could get a DFU adaptation? :)

LE FREAK - Chic




(Chorus:)
Aaahh Freak out!
Le Freak, C'est Chic
Freak out!
Aaahh Freak out!
Le Freak, C'est Chic
Freak out!
Aaahh Freak out!
Le Freak, C'est Chic
Freak out!
Aaahh Freak out!
Le Freak, C'est Chic
Freak out!


Have you heard about the new dance craze?
Listen to us, I'm sure you'll be amazed
Big fun to be had by everyone
It's up to you, It surely can be done
Young and old are doing it, I'm told
Just one try, and you too will be sold
It's called Le Freak! They're doing it night and day
Allow us, we'll show you the way


(chorus)


All that pressure got you down
Has your head spinning all around
Feel the rhythm, check the ride
Come on along and have a real good time
Like the days of stopping at the Savoy
Now we freak, oh what a joy
Just come on down, two fifty four
Find a spot out on the floor


(chorus)


Now Freak!
I said Freak!
Now Freak!


All that pressure got you down
Has your head spinning all around
Feel the rhythm, check the ride
Come on along and have a real good time
Like the days of stopping at the Savoy
Now we freak, oh what a joy
Just come on down, two fifty four
Find a spot out on the floor


(chorus)


67 posted on 02/03/2006 1:29:06 PM PST by MikefromOhio
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To: xsmommy
Hey Mommie. I'm responding as fast as my pudgy fingers can type. Your credibility doesn't smell very nice either.

Mincing words like procedural with substantive is sophomoric in this instance!

The filthy child killer got a stay of execution.

Just how procedural is that?

68 posted on 02/03/2006 1:30:14 PM PST by FerdieMurphy (For English, Press One. (Tookie, you won the Pulitzer and Nobel prizes. Oh, too late.))
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To: FerdieMurphy

The real story here is the admission by the MSM that there are only three conservatives on the court.


69 posted on 02/03/2006 1:30:55 PM PST by Hoodat ( Silly Dems, AYBABTU.)
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To: RoseofTexas
Put a smile on that face and enjoy the weekend.

:)


70 posted on 02/03/2006 1:31:19 PM PST by BigSkyFreeper (Proud to be a cotton-pickin' Republican on the GOP Plantation)
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To: MineralMan

I'm not sure how any method of execution could be considered "cruel and unusual" if it is implemented enough times. It would no longer be "unusual".


71 posted on 02/03/2006 1:31:46 PM PST by iPod Shuffle
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To: FerdieMurphy
Oh, I agree that we need a lot more of a frontal assault on all this BS. It's just that I think we need to choose our targets carefully. For me, the issue is that this SCOTUS ruliing appears to be a "rubber stamp" procedure. That said, anyone with more legal knowledge than I can correct me to their heart's content. I'll concede the point in advance if I'm wrong.

You're absolutely correct about the border, BTW. And it is indeed unfortunate that convicted murderers spend as much time in automatic appeals as they do; it's just that I think we need to take time -- a short time -- to examine the facts we're not clear on (well, that I'm not clear on.)

72 posted on 02/03/2006 1:32:46 PM PST by Mugwump
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To: FerdieMurphy

Your ignorance is boiling out of the pot now. Best that you take a chill pill and read more about the case.


73 posted on 02/03/2006 1:33:14 PM PST by NautiNurse
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To: FerdieMurphy

hey, hold your breath and vote dem, LOL!! that'll show 'em.


74 posted on 02/03/2006 1:33:35 PM PST by xsmommy
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To: FerdieMurphy
The filthy child killer got a stay of execution.

This ruling wasn't a stay of execution. This ruling basically throws it back down to the circuit court. The USSC will take this case again once the 8th Circuit ties up some loose ends.

Assuming Alito wasn't up to speed initially on this case, he will be the next time around, and you can bet they will rule on this guy's fate, and this guy is living on borrowed time.

75 posted on 02/03/2006 1:34:04 PM PST by BigSkyFreeper (Proud to be a cotton-pickin' Republican on the GOP Plantation)
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To: TAdams8591

"I'd be very surprised if Alito turned into a Suitor."

That would be strange indeed. My understanding is that he is already married.


76 posted on 02/03/2006 1:34:32 PM PST by MineralMan (godless atheist)
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To: NautiNurse; FerdieMurphy

much too difficult to be bothered with what was actually argued and decided, ferdie prefers histrionic kneejerk reactions, dancing to the MSM tune.


77 posted on 02/03/2006 1:34:58 PM PST by xsmommy
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To: Dont_Tread_On_Me_888

Lord Whiner has spoken.


78 posted on 02/03/2006 1:35:13 PM PST by jveritas (Hate can never win elections.)
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To: MineralMan

With children almost grown.


79 posted on 02/03/2006 1:35:47 PM PST by TAdams8591 (The first amendment does NOT protect vulgar and obscene speech.)
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To: FerdieMurphy

"Alito voted with the left-wing, pinko, commie "justices.""




Yah, that's it. He's a commie, all right. Better vote for Hillary in November 2008, then. You betcha.


80 posted on 02/03/2006 1:37:45 PM PST by MineralMan (godless atheist)
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