D.C. Circuit Fast-Tracks Federal Execution Case
By Kent Scheidegger
crimeandconsequences.com
On Friday, the murderers on federal death row won what may have been a Pyrrhic victory. The high court declined to stay or vacate the injunction against their execution. However, the Court signaled its expectation that "the Court of Appeals will render its decision with appropriate dispatch." There is also an opinion "respecting the denial of stay or vacatur" by Justice Alito joined, significantly, by the two junior Justices. Today it is clear that the D.C. Circuit is paying attention.
Justice Alito makes clear that he does not think much of the District Court's "manner" versus "method" distinction, along the same lines as my November 26 post. While the full Court contents itself with indicating "appropriate dispatch" is in order, Justice Alito puts a number on it. "Get 'er done" in 60 days, Court of Appeals, or we might just vacate the District Court's injunction without waiting for you.
Last April I noted the encouraging impatience expressed in Justice Gorsuch's opinion for the Court in the Bucklew case. Chief Justice Roberts and Justice Kavanaugh joined that opinion. There now appears to be a majority of the Supreme Court, albeit a thin one, ready to finally put their collective feet down and stop the games murderers play to indefinitely delay their fully justified and long overdue executions.
Today the D.C. Circuit set a briefing and argument schedule. The case will be fully briefed by January 13 and argued two days later, Wednesday, January 15.
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