The Supreme Court today issued an orders list and rejected eleven Baze claims. Justice Stevens wrote brief opinions (here and here) relating to two of the cases where he said:

While I agree with the Court’s decision to deny certiorari in this case, it is appropriate to emphasize, as I have in the past, see, e.g., Knight v. Florida, 528 U. S. 990 (1999) (opinion respecting denial of certiorari); Singleton v. Commissioner, 439 U. S. 940, 942 (1978) (same), that the denial of certiorari expresses no opinion on the merits of the underlying claim.

Justice Stevens’ opinion in Baze revolved around the fact that the death penalty is unconsitutional but the court’s jurisprudence and the case at hand required him to join the majority in upholding Kentucky’s three-drug cocktail. It is likely that in another case, at another time, with a more direct challenge to the death penalty, Justice Stevens would infact join a majority that ruled capital punishment to be unconstitutional.


Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Categories

Random Posts

  • Solicitor General Record During OT08: I compiled the SG's win-loss record during OT08 in four different scenarios: When it took part in a case as Petitioner, when it took part as...
  • New OT08 Term Stats : With 43 opinions released, the Court has now released just over half of the opinions it will release for the term. Lets take a look at some ...
  • Updated Term Statistics: I've updated the Term Statistics to reflect this week's opinions. Complete --- Term Index Opinion Breakdown Vote Breakdown
  • Supreme Court Justices: Age at Retirement: Using the still-fabulous Supreme Court Compendium data set, I've thrown together a chart plotting the ages of each Justice at retirement. I ...
  • Justice Thomas' History at Oral Argument: The big news in the world of the Supreme Court today is that Justice Thomas finally spoke at oral argument. It is not clear exactly what he ...