After the two-hour informal delay, more time passed, then the temporary stay was issued by Thomas:https://www.buzzfeed.com/tasneemnashrulla/tommy-arthur-alabama-execution?utm_term=.cxZDG0Djy#.dhbKrQKM0 …
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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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@chrisgeidner@bradheath It's telling that current national politics makes this look like the height of civility and bipartisanship#SCOTUSThanks. Twitter will use this to make your timeline better. UndoUndo
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When I took Constitutional Law, we were not told to idealize agreement but substance of argument.
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