Note: There's no mention of the cert petition — the formal request for #SCOTUS to hear an appeal. It only takes four votes to hear a case.
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This is extraordinary. The Chief Justice — and Justice Kennedy — declined to grant a stay of execution when four justices wished to do so.
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A month ago, Chief Justice Roberts provided the fifth vote for a stay of execution in Alabama: "I vote to grant the stay as a courtesy."pic.twitter.com/pRad0G0N9D
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Today, with the same state's law in question, Roberts denied a stay.
#SCOTUS procedures are such that no explanation need be given. -
Another note: Today's case is a "judicial override" case. The jury recommended life, but the judge nonetheless sentenced Smith to death.
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So, we have ANOTHER temporary stay of execution in Smith's case. Here is the basis of the new request from Smith's lawyerspic.twitter.com/kTWinl3FSf
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Here is the full
#SCOTUS motion: https://assets.documentcloud.org/documents/3234848/Reconsideration.pdf … / Here is Thomas's new temporary stay of execution:pic.twitter.com/iXFqrcqG4C
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AL execution was set for 6p CT. Still awaiting SCOTUS decision on motion to reconsider stay of execution request.https://www.buzzfeed.com/tasneemnashrulla/alabama-execution-ronald-smith?utm_term=.ohG5LeY2p …
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#SCOTUS DENIES motion for reconsideration in Roland Smith's case. Stay is vacated; AL execution can proceed. https://www.buzzfeed.com/tasneemnashrulla/alabama-execution-ronald-smith?utm_term=.ebG6GPMWKp#.icqJGPdRX9 …pic.twitter.com/nnmHhrTglu
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After all that: The Supreme Court, on a 4-4 vote, allowed an execution to proceed tonight. The motion for reconsideration was for naught.
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No justices noted a dissent to the denial of stay as requested in the motion for reconsideration — a fact we can now ponder the meaning of.
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[Error in an earlier tweet: It is Ronald Smith, not Roland. Apologies.]
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JUST IN: Ronald Smith Jr.'s attorneys have filed a request at
#SCOTUS for a stay of execution regarding Alabama's method of execution.pic.twitter.com/bJmHl2D8F6
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Here's is the method of execution stay request, which would be an appeal out of the 11th Circuit Court of Appeals: https://assets.documentcloud.org/documents/3234856/16A570-SCOTUS-Application-for-Stay-of-Execution-LI.pdf …
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Breaking: Justice Thomas denied the lethal injection challenge-related stay request. The request was not referred to the full court.
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Fully updated report on tonight's 4-4- split
#SCOTUS on whether an Alabama execution can proceed:https://www.buzzfeed.com/tasneemnashrulla/alabama-execution-ronald-smith?utm_term=.bl6NoW95zY#.vm8B9N2r1j … -
Alabama has executed Ronald Smith Jr. Half of the Supreme Court wanted to halt it; 7 of 12 jurors recommended life.https://www.buzzfeed.com/tasneemnashrulla/alabama-execution-ronald-smith?utm_term=.bhV5ew5WP#.pggGZnGl9 …
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4-4 denies a stay? So it had to be 5-3?
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@Michael_Rose@chrisgeidner@BuzzFeedNews So Thomas issued temp stay, then voted to overturn his OWN order?.. -
A stay is granted on a majority vote, yes. Thomas granted temp stay so full ct could consider.
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seems odd that 4 can grant cert, but takes majority to issue stay to actually hear the case. Quirk of the system.
End of conversation
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