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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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1 posted on 10/27/2010 11:16:53 AM PDT by Free ThinkerNY
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To: Free ThinkerNY

whoda thunk


2 posted on 10/27/2010 11:18:33 AM PDT by barbarianbabs
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To: Free ThinkerNY
"There is no evidence in the record to suggest that the drug obtained from a foreign source is unsafe,"

Unless the toxin that is administered to a death row prisoner is possibly going to affect those administering it, there is no problem.

"unsafe" indeed.

3 posted on 10/27/2010 11:18:34 AM PDT by a fool in paradise (The establishment clause isn't just against my OWN government establishing state religion in America)
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To: Free ThinkerNY
Photobucket
4 posted on 10/27/2010 11:19:50 AM PDT by Tzimisce (No thanks. We have enough government already. - The Tick)
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To: a fool in paradise

Another POS foisted off on the US by the pretender in chief.


5 posted on 10/27/2010 11:20:49 AM PDT by Mouton
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To: Free ThinkerNY

Who’da’ thunked’ that? Really?


6 posted on 10/27/2010 11:21:04 AM PDT by laweeks
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To: Free ThinkerNY

Thanks Scott Brown Ya RINO BASTARD!


7 posted on 10/27/2010 11:22:09 AM PDT by US Navy Vet
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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.

It's SUPPOSED to be unsafe.

Dumbass.

8 posted on 10/27/2010 11:23:03 AM PDT by Lazamataz
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To: Free ThinkerNY
It's a little ironic to talk about safe lethal drugs.

I wouldn't have held up the execution, but I agree with the goal of avoiding causing needless suffering. They'll be before another Judge soon enough.

9 posted on 10/27/2010 11:23:13 AM PDT by DannyTN
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To: Free ThinkerNY

"Listen carefully: The drug we will be using to kill the murdeer...is unsafe!

10 posted on 10/27/2010 11:24:16 AM PDT by jiggyboy (Ten per cent of poll respondents are either lying or insane)
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To: Free ThinkerNY
...she was "left to speculate" whether this drug was safe for its intended use. Speculation is now over...........
11 posted on 10/27/2010 11:24:30 AM PDT by Red Badger (WOULD SOMEBODY PLEASE GIVE MEGHAN MCCAIN A BOX OF KRISPY KREMES SO SHE'LL SHUT THE HELL UP?!)
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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. "

"Safe" for it's intended use? Lady- it is SUPPOSED TO KILL THE GUY

Liberalism is a mental desease

12 posted on 10/27/2010 11:24:39 AM PDT by Mr. K (All our candidates suck! The media SAYS SO!!)
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To: Free ThinkerNY

Let’s go back to using bullets..... they’re not in short supply!


13 posted on 10/27/2010 11:25:15 AM PDT by 11th Commandment (http://www.thirty-thousand.org/)
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To: Free ThinkerNY

I was going to say something, but I am speechless at the moment.


14 posted on 10/27/2010 11:26:00 AM PDT by born2bfree
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To: DannyTN

I’ve always wondered if they bother to swab the arm before sticking the needles in. Seems like a waste of good alcohol.


15 posted on 10/27/2010 11:26:24 AM PDT by AU72
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To: laweeks

Is anyone really shocked that she voted on the liberal side of this case?????


16 posted on 10/27/2010 11:26:56 AM PDT by Dilbert San Diego
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To: Free ThinkerNY

Does this surprise you? That was she was approved to do. To wit: Destroy the United States and its Constitution.


17 posted on 10/27/2010 11:28:20 AM PDT by sport
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To: Free ThinkerNY

Does that mean that E. K. thinks that drugs imported from foreign sources are unsafe. So any section of 0bamacare that allows for the importation of “cheaper” foreign made pharmaceuticals must also be illegal.


18 posted on 10/27/2010 11:30:24 AM PDT by reg45
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To: Mouton

Kagan is undoubtedly cruisin’ for dates.


19 posted on 10/27/2010 11:30:49 AM PDT by muawiyah ("GIT OUT THE WAY" The Republicans are coming)
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To: Free ThinkerNY
They're trying (rightfully so) to kill a man.

Concerns about “safety” are a farce at best. More likely they are an attempt to destroy the legitimate power of government to protect its people with the infliction of the death penalty. Except for those who oppose the coming New World Order, of course.

20 posted on 10/27/2010 11:31:26 AM PDT by chesley (Eat what you want, and die like a man.)
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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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To: Free ThinkerNY

I think all Texas Death Roll Inmates should be enrolled in an expedited Clinical Trial of this drug. Outcome should be 100% effective with no verbal complaints by those that receive the drug.


41 posted on 10/27/2010 12:21:24 PM PDT by A_Tradition_Continues (formerly known as Politicalwit ...05/28/98 Class of '98)
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To: ScottinVA

The blade might have rust on it and cause gangrene.


42 posted on 10/27/2010 12:34:45 PM PDT by lowbridge (Rep. Dingell: "Its taken a long time.....to control the people.")
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To: Free ThinkerNY

hey, that decision wasn’t very wise. Can’t wait to read her first opinion.


43 posted on 10/27/2010 12:37:37 PM PDT by NonValueAdded ("It's amazing, A man who has such large ears could be so tone deaf" Rush Limbaugh 9/8/10)
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To: Free ThinkerNY

America’s doctors put thousands of people to sleep each day. How on earth can we not have an acceptable method for ending a person’s life with anasthesia?


44 posted on 10/27/2010 12:42:28 PM PDT by frposty (I'm a simpleton)
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To: jiggyboy

One of the best scenes from Star Trek TOS ever!
Thanks for the LOL moment.


45 posted on 10/27/2010 12:44:43 PM PDT by Carlucci (Don't care what religion my president is, as long as he worships -- THE CONSTITUTION!)
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To: Free ThinkerNY

What a joke. This a-hole probably ingested and shot himself up with any drugs he could get his hands on when he was on the streets.


46 posted on 10/27/2010 12:51:54 PM PDT by mass55th (Courage is being scared to death - but saddling up anyway...John Wayne)
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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.

Speculate on this, sweetie. The killer is now at room temperature.

47 posted on 10/27/2010 12:56:44 PM PDT by Cyber Liberty (We conservatives will always lose elections as long as we allow the MSM to choose our candidates.)
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To: Free ThinkerNY

Gee we wouldn’t want the POS murderer to get a rash or be dizzy or permanently injured or anything. Arizona should have simply replaced the “drug” with a commercial vermin poison..no FDA approval needed.


48 posted on 10/27/2010 1:06:25 PM PDT by The Great RJ (The Bill of Rights: Another bill members of Congress haven't read.)
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To: Carlucci; jiggyboy
One of the best scenes from Star Trek TOS ever!

I agree. The shame of it is, several of our U.S. Supreme Court justices would smile and nod in agreement with the statement "Logic is a little tweeting bird chirping in a meadow. Logic is a wreath of pretty flowers which smell BAD".

Reality is more absurd than fiction. You'd think it would get easier over time to accept that fact, but nope, it does not.

49 posted on 10/27/2010 1:09:23 PM PDT by Charles Martel ("Endeavor to persevere...")
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To: Free ThinkerNY

And the republicans who helped put this MARXIST on the court??? These are the senators who must be defeated in upcoming elections.


50 posted on 10/27/2010 1:37:55 PM PDT by Oldpuppymax
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