Supreme Court rules Alabama may not execute an inmate without his pastor present (user search)
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  Supreme Court rules Alabama may not execute an inmate without his pastor present (search mode)
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Author Topic: Supreme Court rules Alabama may not execute an inmate without his pastor present  (Read 957 times)
NewYorkExpress
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Posts: 24,817
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« on: February 12, 2021, 04:11:11 PM »

https://www.cnn.com/2021/02/12/politics/supreme-court-alabama-inmate-ruling/index.html

Quote
The Supreme Court on Thursday blocked the execution of an Alabama inmate, Willie B. Smith III, who said he wanted his spiritual adviser present in the execution chamber.

Alabama had asked the justices to reverse a lower court ruling and allow the execution to proceed without the adviser present in the chamber.

The court denied the request.

The exact vote count was unclear, although Justice Elena Kagan -- joined by Justices Amy Coney Barrett, Stephen Breyer and Sonia Sotomayor -- wrote to explain why they voted to block the execution.

Kagan said that the 11th US Circuit Court of Appeals was "right to bar Alabama from executing Smith without his pastor by his side" and she rejected security concerns put forward by the Alabama Department of Corrections.

"The law guarantees Smith the right to practice his faith free from unnecessary interference, including at the moment the State puts him to death," Kagan wrote.

She said Alabama could take "any number of measures" to make sure that a clergy member will act responsibly during an execution, including doing a background check on the minister.

Chief Justice John Roberts and Justice Brett Kavanaugh explained why they would have granted Alabama's request, citing the state's security concerns.

Justice Clarence Thomas did not join that opinion but he simply noted he too would have granted Alabama's request. Justices Samuel Alito and Neil Gorsuch were silent as to their vote.

Smith is on death row for the 1991 murder of 22-year-old Sharma Ruth Johnson, who he shot in the head as she swore not to reveal his crimes, according to court papers.

Do you agree with the ruling? Which justice's position is the most surprising? Which Justice's position is the least surprising?

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NewYorkExpress
Atlas Star
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Posts: 24,817
United States


« Reply #1 on: February 12, 2021, 07:56:56 PM »

My guess is that it was 5-4 with Gorsuch and Barrett joining the liberals. I can't see Alito departing from the hang-'em-high mentality.

I agree with the ruling entirely and am not surprised by any justice's position.

This is actually the kind of case I would have thought we'd come relatively close to a unanimous court (maybe a lonely dissent from Alito/Thomas). I'm actually surprised Roberts and Kavanaugh dissented here, as they are both strong pro-religion judges, and of the judges in the majority, I'd bet neither Gorsuch nor Coney Barrett were actually opposed to letting the execution go ahead, just to not having the pastor in the execution chamber.
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