The middle-of-the-night order came too late for the state to carry out the execution of Christopher Lee Price, and Alabama will have to ask a state court to set another date.
By Robert Barnes Robert Barnes Reporter covering the U.S. Supreme Court Email Bio Follow April 12 at 9:04 AM Conservative justices on the Supreme Court overruled lower courts in a middle-of-the-night order and said an Alabama execution could proceed, over the objections of their liberal colleagues who wanted to discuss the case Friday morning.
He added: “To proceed in this matter in the middle of the night without giving all members of the court the opportunity for discussion tomorrow morning is, I believe, unfortunate.” In a brief, unsigned order, the court’s conservatives said that death-row inmates in Alabama in June 2018 were given 30 days to elect nitrogen hypoxia. While 48 inmates did so, Price did not.
Breyer’s dissent revealed the behind-the-scenes maneuvering that accompanies execution stay requests. Breyer wrote that he requested the court take no action until Friday, when the justices were scheduled to meet in private conference to discuss other matters.
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