Alito Votes to Stay Mo. Execution

The Washington Post ^ | 2/2/2006 | GIna Holland

[NCSteve]

Supreme Court Justice Samuel Alito split with the court's conservatives in a death penalty case on his first day on the court.

Handling his first case, Alito sided with five other justices Wednesday evening in refusing to allow Missouri to execute inmate Michael Taylor.

Chief Justice John Roberts and Justices Antonin Scalia and Clarence Thomas supported lifting an execution stay issued by an appeals court, but Alito sided with the majority in turning down Missouri's last-minute request to allow a midnight execution.

[NCSteve]

I don't know of a way to justify this vote on federalist or originalist grounds.

[alisasny]

All I can think is that he did not have appropriate time to research the case. That would make sense to me.

To fault him on this on day 1 is silly.

[frankjr]

Yes indeed...bring back Harriet Miers!!!!!

[Vaquero]

he gets this cold on the day he takes the oath and you expect him to have a man put to death without reviewing.

give him a couple of weeks before condeming him.

[Always Right]

The 12th time this article has been posted....

[twigs]

I have to agree. I would like to know more about his reasoning, however. From everything I could see about Alito, he's a stickler to the law and the facts, regardless of the issue.

[traderrob6]

"I don't know of a way to justify this vote on federalist or originalist grounds"

Constitutional scholar are we?

[Porterville]

From the story... I ain't no high fangled lawyer dabling in the black arts of double speak but this is from the story:

An appeals court will now review Taylor's claim that lethal injection is cruel and unusual punishment, a claim also used by two Florida death-row inmates that won stays from the Supreme Court over the past week. The court has agreed to use one of the cases to clarify how inmates may bring last-minute challenges to the way they will be put to death.

[Always Right]

All I can think is that he did not have appropriate time to research the case.

The Supreme Court allowed the very same issue to go forward in Florida a week ago. Having two courts rule on this issue lets the Supreme Court decide the issue based on the best case available. This ruling is no big deal and certainly is no idication of Alito's posistion on the issue.

[Joe 6-pack]

"...and you expect him to have a man put to death without reviewing."

You are correct. In this light I think he demonstrated very sound judicial temperment.

[NCSteve]

The 12th time this article has been posted....

Link? I searched half a dozen times before posting it. And don't link me to the AP article. That's not the same one.

[Porterville]

Is that called "presedence" or in my not so lawyered tongue... "it happened before"?

[NCSteve]

To fault him on this on day 1 is silly.

I agree completely. I suspect you are right about him having no time to prepare. And where a human life is at stake, it is far better to err on the side of caution.

[Always Right]

Click on the Washington Post link above. It is the ery same AP article printed in the Washington Post and it has been posted a dozen times from varioius other sources.

By GINA HOLLAND The Associated Press

[theDentist]

"We're Dooooooomed!!!"

[Katya]

He only voted to "stay" the execution...not to stop it from ever happening.

[BigSkyFreeper]

I think in the end, the scumbag will be executed, and some FReepers will have wasted gun powder over nothing.

[gondramB]

I think that we should not make death painful. Being paralyzed sounds really unpleasant. We should use a fatal overdose of opiates. Besides, we would have less guilty people appealing for years.

And look at this
"He was also was given his assignment for handling emergency appeals: Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota. As a result, Missouri filed with Alito its request for the high court to void a stay and allow Taylor's execution."

It sounds like Arkansas may have handed this to Alito on purpose and he may be wise to take a few days to look at it.

On the other hand this is from the Washington Post so it's not unreasonable to assume they are biased against Alito.

[Lady GOP]

Yes indeed...bring back Harriet Miers

The liberals are probably wishing that now. She probably could have swung sometime like Sandra Day O'Connor. No they have the "RIGHT" guy in there now.

[A.A. Cunningham]

Gina Holland is a moron same for those who take what she writes as legal fact.

[Porterville]

Death shouldn't be painful. I think hanging is the most humane. Snap.

[xsmommy]

do you know what was actually argued and held in this case?

[mlc9852]

And the first time I have seen it.

[gondramB]

Snapping the neck does kill brain function quickly enough. Seriously, opiates are the way to go - at least as a choice for the inmate.

[Wasanother]

It's a stay, nothing more nothing less. It goes back to the lower court, they rule it's legal, it goes back to the SC, Alito has the background by now and sides with the lower court then finally Ba-Bye.

[Always Right]

do you know what was actually argued and held in this case?

They allowed an appeal to go forward on the Constitutionality of the leathal injection. This same issue was allowed to go forward on two cases last week in Florida. Eventually, one of these three cases will be ruled on by the Supreme Court and this issue will be resolved. Why so many people are making a huge issue over this is beyond me.

[new yorker 77]

Alito may have simply deferred to a stay in this case based on a need for him to review it.

I would not rule in favor of an execution unless I had time to review the case completely.

Also, some freepers here are out of control reactionary like liberals, not you gondramB.

Some people freaked out about Roberts being an unknown and despite the reservations he has been solid.

Conservatives from Ann Coulter to Mark Levin have staked their reputation on the value of a Justice Alito and those folks do not put their name on the line for a closet liberal.

Remember, Ted Kennedy went mental the other day. He did that because Justice Alito was on the horizon.

Also, ever think this vote was an initial slap in the face to Ted Kennedy inferring that Alito is a bigot who never votes in favor of blacks.

Don't know that, but I can tell you this. I will not go reactionary liberal like some freepers.

[xsmommy]

yes i know that, and you know that, but i want to make sure that those who are waiting to pounce on Alito for any given decision know that crucial information before judging him one way or the other:; )

[Clump]

I think this says something positive about Alito's temperament, in light of the fact that he has had little time to consider the issues involved.

Also, I have to point out how happy I am that it appears that our Chief Justice seems to be voting in lockstep with Thomas and Scalia. I have yet to see a vote, or hear questioning during oral argument that has given me concern. Shame on those here who said he was another Souter.

[ElPatriota]

You know, his FIRST day and he has a life in his hands... common sense tells me, one should take a good long look before thumbing him down. He shows good sense.

Now, after he has a chance to review it... then is frying time. Oh yes, no mercy from me for those who had none with innocent victims.

[Extremely Extreme Extremist]

This entire article is a lie

[new yorker 77]

Alito has more conservative backbone than some freepers.

Freepers fretting like a lib are very annoying to listen to or respond to.

[DaGman]

"I don't know of a way to justify this vote on federalist or originalist grounds."

And you've read the briefs and heard the arguments from both sides for the stay? How do you come to this conclusion based on the facts of the case?

[NCSteve]

Why so many people are making a huge issue over this is beyond me.

You seem to be the only one on this thread making a huge issue out of it. You claim the article has been posted a dozen times. That's obvious exaggeration. I can only find a single other instance where a similar article was posted, not this one.

I think everyone is just asking for more information and making comments. Quite obviously, this vote is somewhat jarring in the face of Alito's strong conservative and originalist credentials. But as pointed out in multiple responses, including one of mine, he seems to have responded in a cautious and responsible manner.

You can turn off the spin machine.

[montag813]

he gets this cold on the day he takes the oath and you expect him to have a man put to death without reviewing.

Should have recused on that basis. Would have been 5-3. Bad judgement in acting on it, imho.

[Wasanother]

The MSM got their way by creating controversy where none exist.

[Always Right]

 

Here are just a few posted since last night.....all by Gina Holland, AP

 

Alito Opposes Mo. Execution
AP ^ | Feb 1, 2006 | AP
 

Posted on 02/01/2006 10:01:01 PM EST by kddid
 

WASHINGTON (AP) - New Supreme Court Justice Samuel Alito split with the court's conservatives Wednesday night, refusing to let Missouri execute a death-row inmate contesting lethal injection.

Alito, handling his first case, sided with inmate Michael Taylor, who had won a stay from an appeals court earlier in the evening. Chief Justice John Roberts and Justices Antonin Scalia and Clarence Thomas supported lifting the stay, but Alito joined the remaining five members in turning down Missouri's last-minute request to allow a midnight execution.
 

Alito Splits With Conservatives on Inmate
Yahoo! ^ | 02.01.06 2 minutes ago | GINA HOLLAND, Associated Press Writer
 

Posted on 02/01/2006 11:13:20 PM EST by definitelynotaliberal
 

WASHINGTON - New Supreme Court Justice Samuel Alito split with the court's conservatives Wednesday night, refusing to let Missouri execute a death-row inmate contesting lethal injection.

Alito Sides With Mo. Inmate on Death-Row
BREITBART.COM ^ | 02/02/06 | GINA HOLLAND
 

Posted on 02/02/2006 4:54:21 AM EST by Bullitt
 

New Supreme Court Justice Samuel Alito split with the court's conservatives Wednesday night, refusing to let Missouri execute a death-row inmate contesting lethal injection.

 

Alito splits with conservatives on first case
MSNBC ^ | 2/2/06 | AP
 

Posted on 02/02/2006 8:26:31 AM EST by Boston Republican
 

Alito splits with conservatives on first case Votes to stop Missouri from executing killer contesting lethal injection WASHINGTON - New Supreme Court Justice Samuel Alito split with the courtÂ’s conservative wing Wednesday night, refusing to let Missouri execute a death-row inmate contesting lethal injection. Alito, handling his first case, sided with inmate Michael Taylor, who had won a stay from an appeals court earlier in the evening. Chief Justice John Roberts and Justices Antonin Scalia and Clarence Thomas supported lifting the stay, but Alito joined the remaining five members in turning down MissouriÂ’s last-minute request to allow a midnight execution.
 

 

 

[NCSteve]

How do you come to this conclusion based on the facts of the case?

I sure don't see a conclusion in my statement. Can you enlighten me?

[xsmommy]

i just see this group circling around, waiting to get a whiff of LIB from him, when they do not even know what was argued/decided in the case! someone actually posited that he may be another SOUTER based on this vote. it's MORONIC!!!!

[xsmommy]

thank you. my point exactly.

[babygene]

In Furman v. Georgia (1972), Justice Brennan wrote:

The "essential predicate" is "that a punishment must not by its severity be degrading to human dignity".

____________________

One could argue that "putting down" a human in the way we commonly put down dogs is degrading to human dignity...

[Don'tMessWithTexas]

I am no expert on federal procedure, however, I do know that this was NOT a ruling on the constitutionality of the death penalty. The SCOTUS was reviewing whether to overturn a stay put in place by the 8th Circuit Court of Appeals.

One has to overcome a high standard in order to overturn a stay put in place by a lower court. I don't understand why Roberts, Scalia and Thomas voted to overturn, but at most Alito was simply allowing a stay, put in place by one of the more conservative circuits, to remain in place pending that Circuit's own review.

In addition, Alito's vote was not determinative. The stay would have stayed in place regardless, because the vote was 6-3.

Therefore, given his arriving at the court yesterday, it was more than judicious to simply maintain the status quo. Bottom line: Chill folks

[Always Right]

 

Here are just a few posted since last night.....all by Gina Holland, AP. I am getting irated because on every thread there are posters referring to Alito as Souter, which is just silly.

 

Alito Opposes Mo. Execution
AP ^ | Feb 1, 2006 | AP
 

Posted on 02/01/2006 10:01:01 PM EST by kddid
 

WASHINGTON (AP) - New Supreme Court Justice Samuel Alito split with the court's conservatives Wednesday night, refusing to let Missouri execute a death-row inmate contesting lethal injection.

Alito, handling his first case, sided with inmate Michael Taylor, who had won a stay from an appeals court earlier in the evening. Chief Justice John Roberts and Justices Antonin Scalia and Clarence Thomas supported lifting the stay, but Alito joined the remaining five members in turning down Missouri's last-minute request to allow a midnight execution.
 

Alito Splits With Conservatives on Inmate
Yahoo! ^ | 02.01.06 2 minutes ago | GINA HOLLAND, Associated Press Writer
 

Posted on 02/01/2006 11:13:20 PM EST by definitelynotaliberal
 

WASHINGTON - New Supreme Court Justice Samuel Alito split with the court's conservatives Wednesday night, refusing to let Missouri execute a death-row inmate contesting lethal injection.

Alito Sides With Mo. Inmate on Death-Row
BREITBART.COM ^ | 02/02/06 | GINA HOLLAND
 

Posted on 02/02/2006 4:54:21 AM EST by Bullitt
 

New Supreme Court Justice Samuel Alito split with the court's conservatives Wednesday night, refusing to let Missouri execute a death-row inmate contesting lethal injection.

 

Alito splits with conservatives on first case
MSNBC ^ | 2/2/06 | AP
 

Posted on 02/02/2006 8:26:31 AM EST by Boston Republican
 

Alito splits with conservatives on first case Votes to stop Missouri from executing killer contesting lethal injection WASHINGTON - New Supreme Court Justice Samuel Alito split with the courtÂ’s conservative wing Wednesday night, refusing to let Missouri execute a death-row inmate contesting lethal injection. Alito, handling his first case, sided with inmate Michael Taylor, who had won a stay from an appeals court earlier in the evening. Chief Justice John Roberts and Justices Antonin Scalia and Clarence Thomas supported lifting the stay, but Alito joined the remaining five members in turning down MissouriÂ’s last-minute request to allow a midnight execution.
 

 

 

[Extremely Extreme Extremist]

You claim the article has been posted a dozen times. That's obvious exaggeration. I can only find a single other instance where a similar article was posted, not this one.

Did you use the Alito keyword? If you had, you'd find at least a half-dozen articles related to this.

This is much ado about nothing. Nothing but the AP trying to get conservatives riled up. The original decision was 9-0.

[mlc9852]

I must have been sleeping.:)

But when I see posts that I have already read, I simply skip over them. Some of us can't be on FR all the time, though I certainly try.

[Don'tMessWithTexas]

Those who are fretting about this are being silly. This was a procedural vote that made no decision whatsoever on the constitutionality of the death penalty. The libs are simply reaching for anything that could give them comfort in the face of a bitter defeat.

[yoe]

Taylor pleaded guilty and said he was high on crack cocaine at the time.

Ignorance of the law is no defense should apply as well to those who claim ignorance because they were using drugs when they committed a crime. Taylor’s claim that lethal injection is cruel and unusual punishment, hardly holds water in light of what he did to Ann Harrison. Once again the appeals situation is out of hand – who is paying these lawyers to keep appealing for Taylor? The State, i.e., the tax payers? That is probably a crime in itself.

I’ll give Judge Alito a pass on this one but I sure would like to read his opinion.

[new yorker 77]

This is why the GOP needs to remain in power.

When Conservatives are out of power, the GOP version of Daily Kos will rise to froth mode and come out of the dark and into the light of day to misrepresent all conservatives.

Anyone who compares Alito to Souter based on uneducated MSM driven reporting is as bad as a reactionary liberal.

[Extremely Extreme Extremist]

The Mods should have immediately locked up or pulled the other Alito threads.

[Always Right]

One has to overcome a high standard in order to overturn a stay put in place by a lower court. I don't understand why Roberts, Scalia and Thomas voted to overturn, but at most Alito was simply allowing a stay, put in place by one of the more conservative circuits, to remain in place pending that Circuit's own review.

Alito may have been smart for allowing this. Two similar cases are already going forward in Florida. The Supreme Court will rule on one of these three cases, and this could very well be the best case to decide it on.