#SCOTUS, Oct. 2, 2018.pic.twitter.com/HXIsGwR5dq
Legal Editor, @BuzzFeedNews. SCOTUS Correspondent. Nat Sec Team, covering Trump & Mueller. Sober. Gay. Buckeye. Law Dork. DMs open. chris.geidner@buzzfeed.com
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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.
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.
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).
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.”
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
Question: If the Senate confirms anyone how soon do they join the court and start participating in cases?
Very quickly thereafter. Could be sworn in and join the court basically as soon as confirmed.
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