JUSTICES INTERVENE IN ARKANSAS EXECUTION LINEUP | Gorsuch A Firecracker On First Day | Outpaces Thomas & Breaks Sotomayor’s Record
April 18, 2017
ARKANSAS, SLOW YOUR ROLL
|The state of Arkansas had planned to kill eight men over the course of eleven days—a pace of execution unprecedented in modern U.S. history—simply because its supply of drugs used for the executions are set to expire at the end of April. However, the courts put a stop to this expedited timeline when the Arkansas Supreme Court yesterday halted two executions planned for Monday night. The state decided to challenge only one of the stays of execution, and so late yesterday, justices of the U.S. Supreme Court spared the life of DON DAVIS minutes before his death, stopping what would have been the state’s first execution in nearly 12 years. This was the second time the inmate was granted a reprieve shortly before execution. The other scheduled executions are still going forward though, with two inmates scheduled for death this Thursday.
TRYNA DRAIN ME OF MY ENERGY
|It looks like JUSTICE NEIL M. GORSUCH felt right at home on the Supreme Court bench, kicking off his tenure with a fiery presence. The newbie brought energy and excitement to his first day on the job, as if the fight over his nomination was nothing but a distant memory. Full of questions, it took Gorsuch only ten minutes into his first argument to suggest that both sides in the case were misreading federal law. But Gorsuch’s first words as a justice in court were ones of appreciation. After CHIEF JUSTICE JOHN ROBERTS welcomed his new colleague, Gorsuch said, “Thank you to each of my new colleagues for the very warm welcome I received this last week. I appreciate it very much.”
SAY SOMETHING
|The Guardian was quick to point at that JUSTICE NEIL GORSUCH said more in his first day on the bench than JUSTICE CLARENCE THOMAS did in more than ten years.
DON'T KNOW ABOUT YOU, BUT I'M FEELING 22
|The new justice set a new record on his very first day at the Supreme Court. Robert Barnes with The Washington Post reports, “GORSUCH asked more questions at his first oral argument — 22 — than did any of his fellow justices at their first appearances, according to Adam Feldman, a scholar who studies all things empirical about the Supreme Court. Before Monday, JUSTICE SONIA SOTOMAYOR had been the leader with 15 questions.”
SO THIS IS HOW IT'S GONNA BE
|Tony Mauro with the National Law Journal reviews JUSTICE GORSUCH’S performance yesterday, providing clues to the jurist’s demeanor in future cases.
TOP-ED
|In the Los Angeles Times, Michael McGough calls for same-day audio of Supreme Court arguments noting, “Whether a citizen is fascinated by the legal issues involved, or just curious about what the newest member of the Supreme Court sounds like, there is no reason why he should have to wait four days to listen to arguments that can be easily uploaded in a matter of hours. The court’s delay is supremely annoying.”
TOMORROW AT SCOTUS
|“The Supreme Court has waited 15 months to take a swing at what may be the premier case of its lackluster term — but at the last moment, the church-state dispute over a Lutheran church’s playground may be slip-sliding away.” Richard Wolf with USA Today previews what may be the big blockbuster of the SCOTUS term, Trinity Lutheran Church of Columbia v. Comer.
OTHER NEWS
With Full Bench, SCOTUS Resumes Skepticism Toward Class Actions
The National Law Journal“New Justice Neil Gorsuch’s first foray into securities class action law on the U.S. Supreme Court came on his first day on the bench Monday. Though he did not tip his hand explicitly, he showed less sympathy for plaintiffs than for defendants.”
Trinity Lutheran v. Comer: 7 Things to Know About a SCOTUS Preschool Case With Big School Choice Implications
The 74“Now a case before the Supreme Court this week could have a big impact on those state constitutional questions and perhaps plans by President Donald Trump and Education Secretary Betsy DeVos to put forth a federal school choice program.”