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Justice Elena Kagan's first vote is against an execution
latimes.com ^ | Oct. 27, 2010 | David G. Savage

Posted on 10/27/2010 11:16:52 AM PDT by Free ThinkerNY

WASHINGTON — Justice Elena Kagan cast her first vote on the Supreme Court late Tuesday, joining the liberals in dissent when the high court cleared the way for the execution of an Arizona murderer.

The 5-4 ruling overturned orders by a federal judge in Phoenix and the U.S. 9th Circuit Court of Appeals in San Francisco that had stopped the execution by lethal injection of Jeffrey Landrigan.

His lawyers, in a last-ditch appeal, had raised questions about one of the drugs used in the execution. Since the only U.S. manufacturer of sodium thiopental had suspended production, Arizona officials said they had obtained a supply of the drug from a British company.

The judge in Phoenix put the execution on hold because she said she was "left to speculate" whether this drug was safe for its intended use.

But state lawyers appealed to the Supreme Court on Tuesday, which lifted the judge's order.

"There is no evidence in the record to suggest that the drug obtained from a foreign source is unsafe," the justices said, and "speculation cannot substitute for evidence that the use of the drug is 'sure or very likely to cause serious illness and needless suffering'."

(Excerpt) Read more at latimes.com ...


TOPICS: Crime/Corruption; Culture/Society; News/Current Events
KEYWORDS: activistcourt; deathpenalty; judicialactivism; judicialtyranny; kagan
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To: Pride in the USA; Stillwaters

We’re one Supreme Court justice away from being ruled by an unstoppable judicial tyranny of marxists.


21 posted on 10/27/2010 11:32:08 AM PDT by lonevoice (Those who dance are considered insane by those who can't hear the music)
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To: lonevoice

Wanna bet that Kagan now knows which lethal drug to use on the expendables? (That would be us).


22 posted on 10/27/2010 11:35:22 AM PDT by sodpoodle (Despair; man's surrender. Laughter; God's redemption.)
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To: DannyTN

There’s nothing wrong with avoiding extra suffering. We shouldn’t torture people to death. But there’s no reason to insist that the execution method be absolutely painless 100%. That’s just an unreasonable standard.


23 posted on 10/27/2010 11:36:58 AM PDT by mlo
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To: Tzimisce

That is a nice cartoon picture of Lindsay Grahamnesty...notice the absence of balls.


24 posted on 10/27/2010 11:37:45 AM PDT by blasater1960 (Deut 30, Psalm 111...the Torah and the Law, is attainable past, present and forever.)
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To: Free ThinkerNY

The scummy murderer was executed last night by Arizona!!!!

Sorry Elena!!!


25 posted on 10/27/2010 11:38:42 AM PDT by Carley (VOTE AS IF YOUR LIFE DEPENDS ON IT, BECAUSE IT DOES)
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To: Free ThinkerNY
The judge in Phoenix put the execution on hold because she said she was "left to speculate" whether this drug was safe for its intended use

Its intended use is to kill the bastard so what's the problem?

26 posted on 10/27/2010 11:39:24 AM PDT by Argus
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To: mlo
"But there’s no reason to insist that the execution method be absolutely painless 100%. That’s just an unreasonable standard."

I don't know if it's an unreasonable standard or not. If we can do it for a reasonable price, why not? There should be a balance between painless as possible, quick as possible and cost effectiveness.

27 posted on 10/27/2010 11:40:29 AM PDT by DannyTN
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To: DannyTN
"If we can do it for a reasonable price, why not?"

The issues haven't been about whether it's a reasonable price. They've been about whether it gets done at all.

28 posted on 10/27/2010 11:43:44 AM PDT by mlo
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To: Free ThinkerNY
The judge in Phoenix put the execution on hold because she said she was "left to speculate" whether this drug was safe for its intended use.

!!!?!???

Some sh*t you just can't make up.

It's designed to KILL!!!! How "safe" does it have to be??

29 posted on 10/27/2010 11:44:48 AM PDT by ScottinVA (The West needs to act NOW to aggressively treat its metastasizing islaminoma!)
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To: Free ThinkerNY

There might be a case where some of us could administer lethal injection, I just can’t say, but generally, No. Couldn’t do it, so that makes me oppose the death penalty. If one can’t do it, in the name of God, it’s fudging to blithely support someone else doing it for me, in my place.

On the other hand, the liberal judges fudge on law to replace it with legislating from the bench. (I don’t know how Catholics even can serve on the bench without recusal on death cases.)


30 posted on 10/27/2010 11:45:10 AM PDT by RitaOK
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To: Free ThinkerNY
The judge in Phoenix put the execution on hold because she said she was "left to speculate" whether this drug was safe for its intended use.

Why...it might KILL HIM!!!!

Oh, the hugh manatee!!!

31 posted on 10/27/2010 11:47:55 AM PDT by JRios1968 (What is the difference between 0bama and his dog, Bo? Bo has papers.)
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To: Free ThinkerNY

32 posted on 10/27/2010 11:49:51 AM PDT by ScottinVA (The West needs to act NOW to aggressively treat its metastasizing islaminoma!)
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To: RitaOK

I’m not volunteering to execute someone, but I have no problem with it being done.

And if I was called on by my state to do it, I would. As long as I was convinced that he was guilty.


33 posted on 10/27/2010 11:50:00 AM PDT by chesley (Eat what you want, and die like a man.)
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To: mlo
"The issues haven't been about whether it's a reasonable price. They've been about whether it gets done at all."

True, but I'm just saying if there is a painless option out there, I'm fine with the courts dictating the use of that painless option as long as it's cost is reasonable.

34 posted on 10/27/2010 11:50:54 AM PDT by DannyTN
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To: JRios1968

Kagan has suggested that all surgeries and dental procedures be suspended lest someone be given a general anesthetic.


35 posted on 10/27/2010 11:51:10 AM PDT by relictele (Me lumen vos umbra regit)
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To: Free ThinkerNY
Would Kagan have supported this?


36 posted on 10/27/2010 11:51:54 AM PDT by ScottinVA (The West needs to act NOW to aggressively treat its metastasizing islaminoma!)
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To: Free ThinkerNY

"Is it safe?"


37 posted on 10/27/2010 11:54:36 AM PDT by ScottinVA (The West needs to act NOW to aggressively treat its metastasizing islaminoma!)
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To: 11th Commandment
We can't go back to firing squads. The bullets might give the condemned lead poisoning.

Unsafe....wouldn't be prudent.

We have to execute people in a way that does no lasting injury to them.

38 posted on 10/27/2010 11:57:05 AM PDT by NoControllingLegalAuthority (What this country needs is an enema.)
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To: lonevoice

If there is another apppointment for this president, I swear there will be civil war if the republicans don’t filibuster until he picks someone who actually follows the constitution. I don’t care if it ties up the Senate until 2012.


39 posted on 10/27/2010 12:06:28 PM PDT by nikos1121 (Praying for the big -20 today all the way to Nov 2nd)
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To: Free ThinkerNY

Let me get this straight. She is concerned about the safety of a drug designed to kill someone undergoing a lethal injection.
She could actually make Biden look like a genius by comparison.


40 posted on 10/27/2010 12:17:27 PM PDT by BuffaloJack (The Recession is officially over. We are now into Obama's Depression.)
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