1. SCOTUS denied a stay of execution to Charles Warner in Oklahoma tonight over lethal injection issues.
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Replying to @davidminpdx
2. There are co-litigants in Warner's civil case. Even if Warner is executed tonight, the case will not be moot, and will proceed.
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Replying to @davidminpdx
3. SCOTUS will consider whether to grant cert in that lethal injection case in the coming month(s).
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Replying to @davidminpdx
4. Tonight Warner only had 4 votes for a stay of execution. (He needed 5 to get a stay).
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Replying to @davidminpdx
5. The 4 who dissented (i.e. voted for a stay) specifically found that there is a "reasonably probability" that cert will be granted
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Replying to @davidminpdx
6. Because it only takes 4 votes to grant cert (not 5), if, when cert is considered, those 4 vote for cert, SCOTUS would take the case
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@davidminpdx The Q is: Do they vote for cert when they don't know where Kennedy ends up, or are they registering their view, awaiting him.
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