This tweet from much earlier tonight is ... very interesting:https://twitter.com/noozguy/status/794311290592382976 …
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UPDATED
@BuzzFeedNews REPORT: Supreme Court Grants Stay Of Scheduled Alabama Execution —> https://www.buzzfeed.com/tasneemnashrulla/tommy-arthur-alabama-execution?utm_term=.gkR2Yk9xLQ …#SCOTUS#deathpenalty -
So, yeah, it was definitely a hectic night at
#SCOTUS. https://www.buzzfeed.com/tasneemnashrulla/tommy-arthur-alabama-execution?utm_term=.up4r32z4XA#.kuzMe7KwAv … / Here's my look at what we know about the vote:pic.twitter.com/CcV7XfcwWO
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So, that's what we KNOW. The speculation will run rampant. But, here's what I'm looking at: The terseness of the Chief's statement.
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Compare the Chief Justice tonight with Breyer's statement from his GG "courtesy fifth" earlier this year.pic.twitter.com/vO9NrMTZWL
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I count three times in that brief statement where the Chief tells the four who voted for a stay that they're wrong.pic.twitter.com/2jHtdnKWH0
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This suggests to me CJ either felt pressure to provide a courtesy fifth OR wanted to make sure everyone knew this rly was just a courtesy.
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IOW, it looks to me like he's either feeling pressure from the left inside the court or worried about pressure from the right outside.
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[I'm not sure which, although I started out almost certain it had to be an inside-the-court thing. Now, though, I'm not so sure.]
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He's overseeing an 8-person court, it's days before an election, and there are four justices on the liberal side. He's in a tough spot.
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Allowing an execution to proceed on a 4-4 vote — especially given the dissent that he could have been facing — could have been dramatic.
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Granting the fifth, w a terse statement letting everyone know he's unhappy about it, seems like an efficient move for him in all directions.
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Wondering/hoping that Roberts might do this more often if the Senate doesn't act on presidential nominations.
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a fifth of any spirit is quite a courtesy in this case
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WaPo saying Clarence Thomas...https://twitter.com/markberman/status/794383645268209664 …
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(this was from earlier before the whole court weighed in)
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oh I see. I presume you will be updating it. Thank you for the clarification and reporting!
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6 times? Guess that's luck? Debatable?
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Interesting. Had Roberts done this before Breyer did such a thing earlier this year?
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So what happened to the other Justice? 3 wouldn't grant, 4 would, but they needed a courtesy vote? Is Kagan recused?
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Thomas and alito voted against-- did someone abstain? Have I forgotten math?
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Maybe the CJ is sending a collegiality message to his recalcitrant brethren?
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you talk like how I thought lawyers talked when I took my lsat, pull up there buddy
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I indulge myself in the conceit that I'm looking down on the maze, but I'm just another mouse bouncing off the walls.
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