WASHINGTON -- The terse Supreme Court rulings arrived in the evening, in time to allow an execution later that night. There were three rulings in the last month or so, at 5:52 p.m., at 7:01 p.m. and at 10:13 p.m. They were bland and formulaic, saying only that the court had denied an "application
WASHINGTON — The terse Supreme Court rulings arrived in the evening, in time to allow an execution later that night. There were three rulings in the last month or so, at 5:52 p.m., at 7:01 p.m. and at 10:13 p.m. They were bland and formulaic, saying only that the court had denied an “application for stay of execution of sentence of death.” The inmates who had filed the applications were put to death within hours.
Still, Sotomayor said the trial judge should have done more. “Presiding judges aware of this kind of behavior would see fit to intervene in future cases by completely removing the offending item or court officer from the jury’s presence,” she wrote. “Justice Sotomayor is carrying forward the tradition of Justices Brennan and Marshall,” Steiker said, referring to Justices William J. Brennan Jr. and Thurgood Marshall, who came to adopt a practice of dissenting in every death penalty case.
She made a similar point in August, criticizing a “Kafkaesque procedural rule” in Florida. The rule, she wrote, served to thwart a 2014 Supreme Court decision, Hall v. Florida, that struck down as too rigid the IQ score cutoff Florida used to decide which intellectually disabled individuals must be spared the death penalty.
Here, too, though, she stopped short of dissenting. “In an appropriate case, however,” she wrote, “I would be prepared to revisit a challenge to Florida’s procedural rule.”
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