My report from overnight —> With Minutes To Spare, Arkansas Carries Out Its First Execution In More Than A Decade: https://www.buzzfeed.com/chrisgeidner/thursday-arkansas-executions-story?utm_term=.ssY0QE0A2 …
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Replying to @chrisgeidner
How Justice Neil Gorsuch figured into last night's execution, the 7th in the US this year: https://www.buzzfeed.com/chrisgeidner/thursday-arkansas-executions-story?utm_term=.tgAYby0Dq#.by8L9e2X8 …pic.twitter.com/VYCzA4yhUX
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Replying to @chrisgeidner
Without Gorsuch, though, wouldn't a 4-4 split have still meant the execution would have gone through anyway?
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Replying to @ElisaSDavis
Yes, it wasn't necessarily outcome changing — but it was outcome-determinative. If he'd voted for a stay, it would have been stayed.
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Replying to @chrisgeidner
Sure, but that means his vote against a (new) stay showed his being on court had no effect. If next one overturns a stay, then it's all him.
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Replying to @chrisgeidner
Oh, I rely on you to help me untangle this stuff! :) Even my lawyer husband has to admit he learns from what I learn from you.
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Replying to @ElisaSDavis
Sorry, I just think the "he had no effect" is simplistic. There was no vote for more than a year. His vote could have made a difference.
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And, we didn't know until last night how — unconstrained by being a circuit court judge — he would rule on such a request. Now, we know.
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Replying to @chrisgeidner @ElisaSDavis
Of course, all cases are different, so maybe we'll learn more in merits cases that we couldn't glean from a stay vote. We will see.
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Thanks for sharing your thoughts.