Madison v. Alabama arguments were really interesting for reasons I’ll be writing about this afternoon, but as to the substance of the case, Alabama appeared to come across to the justices as having the weaker of the arguments, both procedurally and substantively.
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An important caveat: Neither Thomas nor Gorsuch spoke, so we did get a tilted view at arguments of what the justices are thinking about here.
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Substantively, the justices were asking questions about whether dementia is covered under Ford/Panetti standards for determining competency to be executed or whether those standards would need to be clarified/expanded to cover such claims (and how).
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Procedurally, the justices were questioning whether the trial court and state ever allowed real consideration of Madison’s claims, due to a belief that dementia would not be relevant to the Ford/Panetti competency discussion bc it was not “psychosis, delusion, or insanity.”
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My look at the first days of the new
#SCOTUS term —> Eight Justices Mean Compromise Is Key At The Supreme Court — For Now https://www.buzzfeednews.com/article/chrisgeidner/supreme-court-eight-justices-compromise-kavanaugh …pic.twitter.com/h0knB2Lf7S
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"God save the United States, and this honorable court." The Supreme Court is at the start of its new term, and the scene inside the courtroom at One First Street is as different from the world outside the building as one could imagine. My look —>https://www.buzzfeednews.com/article/chrisgeidner/supreme-court-eight-justices-compromise-kavanaugh …
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End of conversation
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Do you attend every day they're hearing arguments?
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