The Alabama DOC has had ~much~ more to say about what #SCOTUS apparently said earlier than SCOTUS has. More from AL:https://twitter.com/lyman_brian/status/794304637394268160 …
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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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He's asleep.
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