Alabama officials are waiting, too. The death warrant is good until midnight (Central Time), so they have a little more than an hour left.
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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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How much does this look like a decision before J. Scalia passed?
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I'm not sure if you're actually asking or what's going on. Just want to know which before I reply.
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I was asking if this looked like something different than what the high court would have done before J. Scalia passed.
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There were a few instances of four-votes-for-a-stay but they were in applications that didn't have corresponding cert pets.
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[mainly in cases where the appeal was still before the circuit court]
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but that had led to discussion about whether the courtesy fifth was gone, if i recall correctly—& breyer's GG move seemed ...
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... to give credence to the idea that he at least ~thought~ the "courtesy fifth" needed to be given a public boost.
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