Arizona almost pulled off a legal heist over a death row case — and would have won if Justice Amy Coney Barrett’s dissent prevailed. (via Deadline: Legal Blog)
and Justice Brett Kavanaugh also joined. As I noted above, this doesn’t mean that the court has undergone a revolution by any stretch — after all, it’s an “exceptional case,” as Sotomayor wrote.
Nonetheless, Arizona almost pulled off its legal heist, if Justice Amy Coney Barrett’s dissent had its way. Barrett actually called the state’s position “kind of artificial” and “hair splitting” at the oral argument. But she wound up leading the way in dissent, joined unsurprisingly by Thomas and Alito and Justice Neil Gorsuch, who, along with Thomas and Alito, is one of the most likely justices to rule against death row prisoners.
Indeed, Barrett’s dissent went so far as to call the majority opinion “jarring.” I think that’s a good way of describing how far some of the justices are willing to go to help the government turn the machinery of death.Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the Manhattan District Attorney’s Office and is the author of the forthcoming book “Bizarro” about the secret war on synthetic drugs. Before he joined MSNBC, he was a legal reporter for Bloomberg Law.
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