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Federal Capital Punishment News - Page 11
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Thread: Federal Capital Punishment News

  1. #101
    Senior Member Frequent Poster schmutz's Avatar
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    Quote Originally Posted by Aaron View Post
    If SCOTUS upholds the stay, the feds should concede the matter and execute the inmates at state facilities with state expertise. For example, send Bourgeois to Huntsville and Purkey to Bonne Terre.

    Frankly, I believe that the DOJ had to have foreseen this stay. They're just grandstanding. Republicans are controlled opposition, nothing more.
    He picked six that would play well with the white suburban woman demographic - either the executions go through or blame liberal judges for stopping them. It will likely backfire as the way the case is framed Roberts, Gorsuch and Kavanaugh will be likely to uphold the injunction and some of the liberals at least tempted to lift it, since the question isn't now a death penalty question per se but one about keeping agencies within statutory authority.

  2. #102
    Senior Member CnCP Legend Mike's Avatar
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    Quote Originally Posted by Aaron View Post
    I suppose lethal injection was basically uniform with sodium thiopental in 1994, so this conflict was never an issue until now.
    Lethal Injection wasn't legal yet in almost the entire south untill 2000. The Fed never reauthorized the electric chair or gas so the wording here is so asinine. I fail to see how this wasn't a problem in 2001 with McVeigh. What of states that don't have a method of execution?

    This better get overruled by SCOTUS, because the people who write these laws don't read them.

    Schmutz they picked all the child killers who finished their appeals, less of a voting tactic here and more of picking a group of the worst.
    Judicial Review isn't in the Constitution.

  3. #103
    Senior Member Frequent Poster schmutz's Avatar
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    The ADAA allowed for the establishment of a federal execution chamber and protocol. The FDPA in 1994, with the chamber in Terre Haute already under construction, superseded that with the requirement to execute prisoners in the manner used in the state of sentencing. The possibility of having to use electrocution was raised the next year, and legislation to establish a single federal protocol was introduced, but never passed. As the death penalty portion of the 1988 ADAA has been repealed, the only law governing federal executions is that of the FDPA. As for the three prior executions, McVeigh was a volunteer and Garza was sentenced under the ADAA. Only Brown might have raised that claim, and since the manner to be used is the one in force at the time the warrant is given, Nebraska was the only electrocution state, every other state, Texas included, IIRC being three-drug LI. That and a court less hostile to administrative over-reach made such a line of appeal less attractive.

  4. #104
    Senior Member CnCP Legend Mike's Avatar
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    Here is a link to the appeal to SCOTUS https://www.supremecourt.gov/search....ic/19a615.html .
    Judicial Review isn't in the Constitution.

  5. #105
    Senior Member Frequent Poster Fact's Avatar
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    What idiot at the Department of Justice thought it was a good idea to send two briefs to the Supreme Court and use courier as the font?

  6. #106
    Administrator Aaron's Avatar
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    SCOTUS left the injunction in place with no noted dissents. But Alito, Gorsuch, and Kavanaugh wrote separately, implying that they would vacate the stay if it's still in place 60 days from now. They expect the Circuit Court of Appeals to rule on the merits within 60 days and would likely grant a second petition to vacate a stay, assuming that the court of appeals rules against the federal government on the merits.
    Anchovies belong on pizza.

  7. #107
    Senior Member Frequent Poster Fact's Avatar
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    That's the right result. As a skeptic of administrative overreach generally, I think that the question presented by the inmates is a valid one, and unlike the vast majority of challenges to executions, it wasn't flagrantly out of time.

    With that said, I think that the government has a compelling case as to why my first instinct is wrong, which is why I think it should go back to the D.C. Circuit.

  8. #108
    Administrator Aaron's Avatar
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    There is certainly a glimmer of hope that we could see federal executions in 2020. Of course I would rather the injunction had been vacated here and now to ram the executions through, but this is far from the worst result.

    Murderers circumventing justice on such technicalities does at times make me wish for a Middle East/Sharia style justice system though.
    Anchovies belong on pizza.

  9. #109
    Senior Member Frequent Poster schmutz's Avatar
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    Best chance will be if there are states willing to host Federal executions.

  10. #110
    Senior Member Frequent Poster Shep3's Avatar
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    Nonsense trump needs to remind these justices who put them there and what happens if they don’t play ball. No one is clean and he and Barr need to remind them of that clearly

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