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

  • Top Female Advocates Before the Supreme Court: To celebrate Patricia Millett's record-breaking thirty-first Supreme Court argument last week in Match-E-Be-Nash-She-Wish Band of Pottawatom...
  • PDF Packs for the Past Decade: I've been pillaging the Supreme Court's website in search of PDFs that I can archive for future reference. Using the Court's website and the...
  • Predicting the April Sitting: I run into the exact same debate every year around mid-January: which cases will be heard during the current term and which will be pushed o...
  • More Sophisticated Reconferencing Statistics: A commentator on my last conferencing post picked up on an important part of the distribution question that I had intentionally omitted....
  • Updated Term Statistics: I've updated the term statistics and you can find the new versions of each chart below: Complete (includes all three charts) --- Term I...