Alito Sides With Mo. Inmate on Death-Row

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, 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.

Earlier in the day, Alito was sworn in for a second time in a White House ceremony, where he was lauded by     President Bush as a man of "steady demeanor, careful judgment and complete integrity."

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.

The court's split vote Wednesday night ended a frenzied day of filings. Missouri twice asked the justices to intervene and permit the execution, while Taylor's lawyers filed two more appeals seeking delays.

Reporters and witnesses had gathered at the state prison awaiting word from the high court on whether to go ahead with the execution.

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.

Alito replaced     Sandra Day O'Connor, who had often been the swing vote in capital punishment cases. He was expected to side with prosecutors more often than O'Connor, although as an appeals court judge, his record in death penalty cases was mixed.

Scalia and Thomas have consistently sided with states in death penalty cases and have been especially critical of long delays in carrying out executions.

Taylor was convicted of killing 15-year-old Ann Harrison, who was waiting for a school bus when he and an accomplice kidnapped her in 1989. Taylor pleaded guilty and said he was high on crack cocaine at the time.

Taylor's legal team had pursued two challenges — claiming that lethal injection is cruel and unusual punishment and that his constitutional rights were violated by a system tilted against black defendants.

The court, acting without Alito, rejected Taylor's appeal that argued that Missouri's death penalty system is racist. Taylor is black and his victim was white. He filed the appeal on Tuesday, the day that Alito was confirmed by the Senate.




I'm not impressed. If you're holding your breath waiting on him championing MG's or strike down Roe V. Wade, I'd say this is a bad omen.

Taylor's legal team had pursued two challenges — claiming that lethal injection is cruel and unusual punishment....


compared to what?.....stoning,hanging.....or being fried in ol sparky. I don't get it he admits to the crime!!? what's the problem?!!

I'm not impressed. If you're holding your breath waiting on him championing MG's or strike down Roe V. Wade, I'd say this is a bad omen.

I don't think you can say all of that based on the outcome of this one little thing.

BTW, that article clearly states his votes have been mixed on this issue in the past. But that doesn't necessarily mean he's opposed to the death penalty. Nor does it mean he will not be the kind of judge we want in terms of guns.

Also, even though this guy will be given a chance to argue his case, in the end, I doubt it matters. By granting such an opportunity, that may prevent more of these situations in the future, as I highly doubt an appeals court will find lethal injection to be a cruel or unusual punishment.

Wow, hope this isn't a sign of things to come.

It is possible, however, that death row dude has something else going in his favor.  I just don't know the facts of the case.

Quoted: I'm not impressed. If you're holding your breath waiting on him championing MG's or strike down Roe V. Wade, I'd say this is a bad omen. I don't think you can say all of that based on the outcome of this one little thing. BTW, that article clearly states his votes have been mixed on this issue in the past. But that doesn't necessarily mean he's opposed to the death penalty. Nor does it mean he will not be the kind of judge we want in terms of guns. Also, even though this guy will be given a chance to argue his case, in the end, I doubt it matters. By granting such an opportunity, that may prevent more of these situations in the future, as I highly doubt an appeals court will find lethal injection to be a cruel or unusual punishment.

Fair enough, as I'm not sure if the issue has ever been argued before a court so this could set the first precedent and may be good in the end.  But Alito has still got some 'xplaining to do.  

Quoted: I don't think you can say all of that based on the outcome of this one little thing.

As I said, I'm not impressed. This decision sucks, frankly.

i bet alito divorces his wife and moves in with souter and they'll be seen at some tony dc antique shop buying truman capote's canopied bed...

Wheeeeeeee! Another Souter!

Alito's been on the bench less than 48 hours, I doubt thats enough time for him to be brought up to speed on the case enough to make an informed decision. Delaying the execution would be the only responsible way to go.

Kharn

One of my "moderate" buddies came to me and TOLD me to go to cnn.com today...

"SEE....SEE...SEE what your conservative justice did today..."

I have no idea what the facts of the case were... though I think the shitbag rapist should get the hotshot

Quoted: The challenge was based on two things. Inherent racism and lethal injection being cruel and unusual. No challenges to the convicition or to the actual proceedings of the court. The guy raped and murdered a 15 year old girl. His alibi was he was high on crack. Since he is black and his victim is white, he is saying the only reason he got the death penatly was race. Now, based upon those limited facts and the fact that the stay had been denied, WTFO? They should interview ted kennedy now.

RACISM my ass...

I dont give a fuck if he murdered a 15 year old black girl...he needs to meet the reaper

That story makes my coffee taste bad.

Quoted: Alito's been on the bench less than 48 hours, I doubt thats enough time for him to be brought up to speed on the case enough to make an informed decision. Delaying the execution would be the only responsible way to go. Kharn

Exactly.  Imagine he rushes his first decision and ends up executing someone that shouldn't have been.  It's not like he could reverse that decision later.  Killing someone that shouldn't have been isn't the best way to start out a new career.  It's not like he let the guy go he just sent the case back to the lower court.

Maybe Alito is going to support the "torture life sentencers daily" initiative. I would be all for that.

Not impressed with his ruling either but not  gonna break out in a cold sweat over 1 ruling.

A lower court granted the stay. Alito sided with the lower court to DELAY an execution. The dude is still going to get the needle, he's just going to get some extra meals before then.

Keep your panties on...

Quoted: Wheeeeeeee! Another Souter!

Wow.

One ruling, and you are ready to condemn the man. That is beyond stupid.

I would say this is a good omen.
He has agreed to hear the case because it IS a constitutional issue and it has been looked at by the court before, vis a vis the chair the noose and the gas chamber. Now it's time to review the dart.

Although i think that this animal should be burning in hell with tookie, I can not base my opinion of Alito on just one case. I'll give him time, if he stays on this path though,

The sky is falling, the sky is falling.

Bush fucked up, Bush fucked up.

They are doing everything exactly like I want it.

Quoted: Quoted: Wheeeeeeee! Another Souter! Wow. One ruling, and you are ready to condemn the man. That is beyond stupid.

heh, one thing i've learned in my four decades on this earth is that pessimists are seldom disappointed!

so, while i agree this ain't a stellar start, it IS only one ruling...

Yeah,I heard that on the news. FUCK! What the hell is the matter with these people!
A criminal is on death row for murdering a 15 year old girl (probably raped her as well ) and Alito sides with him that lethal injection is "too inhumane"?! Holy shit!
One thing after another!

Quoted: Alito's been on the bench less than 48 hours, I doubt thats enough time for him to be brought up to speed on the case enough to make an informed decision. Delaying the execution would be the only responsible way to go. Kharn

+1 He doesn't want his first official decision to be used politically. He knows those bleeding heart liberals don't need the additional ammo against GW.

Quoted: When in doubt, we should jump to conclusions. Although I don't agree with his ruling, I will not allow one judgment to mold my opinion of him. I don't believe I've agreed with 100% of any Justice's rulings.  Maybe we ought to wait until he's ruled at least a few more - what do you think?

Wheres the fun in that??

Quoted: I'm not impressed. If you're holding your breath waiting on him championing MG's or strike down Roe V. Wade, I'd say this is a bad omen. I don't think you can say all of that based on the outcome of this one little thing. BTW, that article clearly states his votes have been mixed on this issue in the past. But that doesn't necessarily mean he's opposed to the death penalty. Nor does it mean he will not be the kind of judge we want in terms of guns. Also, even though this guy will be given a chance to argue his case, in the end, I doubt it matters. By granting such an opportunity, that may prevent more of these situations in the future, as I highly doubt an appeals court will find lethal injection to be a cruel or unusual punishment.

Wise words, sort it out now, for the future.

The mob is certainly fickle.

First of all, without Alito, the vote was 5/3 supporting the stay.  Alito went with the majority along with another conservative.  Second, this case was only about a stay for the purpose of arguing his case before a lower court.  The state tried to deny the guy his "right" to a trial on the issue.  All the SCOTUS said in this is we will hear the case and not kill him until we have heard his case.  Not that he would have his punishment changed.

Quoted: Quoted: The challenge was based on two things. Inherent racism and lethal injection being cruel and unusual. No challenges to the convicition or to the actual proceedings of the court. The guy raped and murdered a 15 year old girl. His alibi was he was high on crack. Since he is black and his victim is white, he is saying the only reason he got the death penatly was race. Now, based upon those limited facts and the fact that the stay had been denied, WTFO? They should interview ted kennedy now. RACISM my ass... I dont give a fuck if he murdered a 15 year old black girl...he needs to meet the reaper

AMEN!!!!
I am SO F*CKING SICK of the racism card.
Someone needs to stamp it "INVALID."

Quoted: First of all, without Alito, the vote was 5/3 supporting the stay.  Alito went with the majority along with another conservative.  Second, this case was only about a stay for the purpose of arguing his case before a lower court.  The state tried to deny the guy his "right" to a trial on the issue.  All the SCOTUS said in this is we will hear the case and not kill him until we have heard his case.  Not that he would have his punishment changed.

Exactly.

Some of you need to grow up.

I think you'll be satisfied by the outcome of this, when the fucker finally gets his shot, and no one else is allowed to pull this 'cruel and unusual' shit about lethal injection again.

Quoted: Quoted: I don't think you can say all of that based on the outcome of this one little thing. As I said, I'm not impressed. This decision sucks, frankly.

are you basing that on reading the actual case and his ruling, or a brief story on the wire services?

Quoted: I would say this is a good omen. He has agreed to hear the case because it IS a constitutional issue and it has been looked at by the court before, vis a vis the chair the noose and the gas chamber. Now it's time to review the dart.

Exactly. Bring the whole issue before SCOTUS, then let them write up a very nice decision on how lethal injection is not cruel or unusual, and then the issue is settled, at least until a point in the future where technology brings us a less cruel means of ending life.

Quoted: Quoted: Quoted: I don't think you can say all of that based on the outcome of this one little thing. As I said, I'm not impressed. This decision sucks, frankly. are you basing that on reading the actual case and his ruling, or a brief story on the wire services?

Do you actually expect some of the folks on here to actually get the facts?

Expected this based on his judicial and review record.  This is not an isolated incident of judicial interference with the law with Alito unfortunately.  

Quoted: Quoted: Wheeeeeeee! Another Souter! Wow. One ruling, and you are ready to condemn the man. That is beyond stupid.

+.9bar.


For the Christ Sakes.......it is his first ruling.

He erred on the side of life.   This doesn't mean he is another Souter.

IIRC, there was a question during his hearing that was almost verbatim.

FOAD

Quoted: Alito's been on the bench less than 48 hours, I doubt thats enough time for him to be brought up to speed on the case enough to make an informed decision. Delaying the execution would be the only responsible way to go. Kharn

I was leaning towards that idea also, but there's not enough information.  This was a decision to delay, not any reversal of his guilt or innocence.

Still I wonder why he's not being hailed by the left for standing up to those "neo-conservative justices" as Spielberg might call them.

Quoted: Since he is black and his victim is white, he is saying the only reason he got the death penatly was race.

No, he got the death penalty because he committed a hate crime.

Oh wait, sorry.  It's only a hate crime if the victim is black and the perp is white.

Quoted: Yeah,I heard that on the news. FUCK! What the hell is the matter with these people! A criminal is on death row for murdering a 15 year old girl (probably raped her as well ) and Alito sides with him that lethal injection is "too inhumane"?! Holy shit! One thing after another!

I'm not a mind reader, a lawyer, or a constitutional scholar but I would hazard a guess that Alito's position is:

A) State law was properly applied by the lower court that denied the state's motion to expedite the execution, and

B) Let the convicted person have his last few appeals, THEN execute the bastard.

Quoted: When in doubt, we should jump to conclusions.

That should be the official arfcom motto.  

He's getting the whole injections are cruel and unusual out of the way right out of the gate.


I expect the murders case will go nowhere when the court actually hears it.

Quoted: Quoted: When in doubt, we should jump to conclusions. That should be the official arfcom motto.

I agree.  When I get around to ponying up for a membership, I think I'll make that my sig line.

CO

Quoted: i bet alito divorces his wife and moves in with souter and they'll be seen at some tony dc antique shop buying truman capote's canopied bed...

You sure know a lot about that stuff....

WTF? over!

Maybe he ruled against lethal injection so they can go back to firing squads or hangings.  

Not exactly much we can do one way or the other. Just sit back and enjoy the show.

Quoted: Taylor's legal team had pursued two challenges — claiming that lethal injection is cruel and unusual punishment.... compared to what?.....stoning,hanging.....or being fried in ol sparky. I don't get it he admits to the crime!!? what's the problem?!!

I agree with your sentiments exactly, he is guilty, he even admitted doing the crime, the penalty is death and it should be carried out. However if he feels it is cruel and unusual perhaps we could let him choose his maner of execution, the only caveat being that it is neither more expensive or time consuming than any of the other more traditional methods that have been used in the last 100 years.

If he is unable to decide within 24 hrs. then let him pick a method out of a hat. I don't care how scum like this dies, as long as they are dead!!!

When will SCOTUS and the Politico's understnad that 'we the people' are tired of whiney crying criminals and liberals who will do anything to suborn justice....

Quoted: Alito's been on the bench less than 48 hours, I doubt thats enough time for him to be brought up to speed on the case enough to make an informed decision. Delaying the execution would be the only responsible way to go. Kharn

Then he should have recused himself and let the previous decision stand.  But No!!! he can't wait to muck things up!!!....

Quoted: Then he should have recused himself and let the previous decision stand.  But No!!! he can't wait to muck things up!!!....

With a final result of 6 to 3, even if he recused himself, it wouldnt have changed anything.

Kharn