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

  • Nearly Final Term Statistics and Advocate Scorecard: My goal was to publish the final term statistics today, but because the Court will hear rearguments in Citzens United and likely issue an op...
  • A Classic Oral Argument Passage: Today's New York Times article about Paul Clement, "Lawyer Opposing Health Law is Familiar Face to the Justices", reminds me of an interesti...
  • 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...
  • Justice Ginsburg and the Future of the Court: One can only hope that Senator Jim Bunning (R-KY) horded the tasteless Intrade contract for "Ruth Bader Ginsburg to Be Next Justice to Depar...
  • Advocate Watch: With the Term quickly approaching it's midway point, we can take a look at which advocates have made the biggest mark on the Term. Hearing L...