do you know exactly was argued and held here in this case? do you KNOW what alito voted ON?
To: FerdieMurphy
do you know exactly was argued and held here in this case? do you KNOW what alito voted ON?
40 posted on 02/03/2006 3:16:24 PM CST by xsmommy
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BRAVO! xs, I have read the entire thread...lol... you have shown wonderful 'restraint.'
Nothing was "held"-- there was no written opinion. It's not at all clear that the Supreme Court will even hear the case. What happened is that the inmate appealed to the 8th Circuit. The 8th Circuit granted a stay of execution so it could hear the case. Only after the 8th Circuit decides the case will the Supreme Court have the chance to decide to hear the case or not.
After the 8th Circuit granted a stay of execution, the State prosecutor asked the Supreme Court to reverse the 8th Circuit's stay of execution. The Supreme Court technically has the power to do that, but doesn't do it very often, because, by definition, they haven't heard the merits of the case yet and may never hear them.
The Court voted 6-3 to deny the prosecutor's motion to overturn the stay; Alito voted with the majority, Roberts, Scalia and Thomas dissented. No one wrote any opinions.