Category Archives: Death Penalty

Death Penalty, Oral Argument Report, OT 2018

Cruel and Unusual Punishment in a Capital Case: November 6 Oral Arguments

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On Tuesday, November 6, the Supreme Court heard oral arguments in a case challenging the method of execution in a capital case. In Bucklew v. Precythe, the Court must consider a claim that a state’s chosen method of execution will cause excruciating pain due to an inmate’s particular medical conditions can violate the Eighth Amendment’s … Continue reading Cruel and Unusual Punishment in a Capital Case: November 6 Oral Arguments →

Death Penalty, First Amendment, Orders of the Court, OT 2018

Conference Report: November 2 Conference

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At its November 2 Conference, the Supreme Court granted certiorari in six cases. Two of the cases, which have been consolidated, involve challenges to a cross on public land. Those cases were brought by the American Humanist Association against the American Legion and the Maryland-National Capital Park and Planning Commission. In a 2-1 decision, he … Continue reading Conference Report: November 2 Conference →

Criminal Law, Death Penalty, OT 2018, Weekly Roundup

October 2 Arguments: Delegation and Dementia

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Arguments Oct_02_2018            The Court heard arguments in two cases on Tuesday: Gundy v. United States and Madison v. Alabama. In Gundy, the Court was asked to consider whether the non-delegation doctrine (which says that Congress cannot hand its legislative powers to agencies) is violated by the federal Sex Offender Notification and Registration Act’s (SORNA) delegation … Continue reading October 2 Arguments: Delegation and Dementia →

Death Penalty, News

SCOTUS News Update: Travel Ban Filings, Death Penalty Challenges, and Errors in Opinions

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On Tuesday, the Trump administration asked the Supreme Court to allow full reinstatement of President Trump’s latest travel ban order on September 24, and block the Hawaii District Court’s order suspending full implementation of the travel restriction while plaintiffs, including the International Refugee Assistance Project, challenge the ban. Solicitor General Noel Francisco filed the request … Continue reading SCOTUS News Update: Travel Ban Filings, Death Penalty Challenges, and Errors in Opinions →

Death Penalty, History of the Court, This Day In Supreme Court History

This Day in Supreme Court History—March 1, 2005

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On this day in 2005, the Supreme Court decided Roper v. Simmons, one of its most important rulings on the issue of capital punishment. In Roper, the Court held that Eighth Amendment’s prohibition on “cruel and unusual punishments” forbids imposing the death penalty for a crime committed by someone under the age of 18. In … Continue reading This Day in Supreme Court History—March 1, 2005 →

Criminal Law, Death Penalty, This Day In Supreme Court History

This Day In Supreme Court History—January 10, 1984

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On this day in 1984, Strickland v. Washington was argued at the Supreme Court. This case considered what it meant for a criminal defendant to have the “effective assistance” of counsel, which the Court had previously ruled the Sixth Amendment required. David Washington waived his right to a jury trial and pleaded guilty to three … Continue reading This Day In Supreme Court History—January 10, 1984 →

Death Penalty, This Day In Supreme Court History

This Day in Supreme Court History: October 26, 2010

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On this day in 2010, the Supreme Court vacated an emergency restraining order preventing the execution of Jeffrey Landrigan. Arizona executed him that day. Landrigan was convicted of first degree felony murder in 1990 and sentenced to death. After years of unsuccessful appeals, on September 15, 2010, the Arizona Supreme Court issued a warrant of … Continue reading This Day in Supreme Court History: October 26, 2010 →

Death Penalty, OT 2016

Justice Sotomayor’s Death Penalty Dissent

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This week is a quiet one at the Supreme Court. The justices will not hear any oral arguments and yesterday they released an Order List that included no new cases for the term’s docket. There was, however, one thing notable about this otherwise routine Order List: Justice Sotomayor, joined by Justice Ginsburg, issued a relatively … Continue reading Justice Sotomayor’s Death Penalty Dissent →