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post #1 of 60 (permalink) Old 02-09-2019, 04:50 PM Thread Starter
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The SCOTUS thread

The good and the bad. I'll start...

Establishment Clause is the clause in the First Amendment of the US Constitution that prohibits the establishment of religion by Congress.


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”If the First Amendment’s Establishment Clause means anything at all, noted the appeals court, it must mean that the state may not create a policy favoring Christian chaplains over those of any other faith. As the appellate court also noted, “We can think of no principle more elemental to the Establishment Clause than that the states and the federal government shall not favor one religious denomination over another.”

Time and time again the courts have demanded religious neutrality from the state, whether the context is schools, government programs, or religious displays. Alabama acknowledges that since 1997, the Rev. Chris Summers has witnessed nearly every execution in the state, kneeling and praying with prisoners just before they are killed. But they would not allow Ray’s imam to do the same.

As the 11th Circuit noted, this was not a complicated question: “The central constitutional problem here is that the state has regularly placed a Christian cleric in the execution room to minister to the needs of Christian inmates, but has refused to provide the same benefit to a devout Muslim and all other non-Christians.” The state argued that only the chaplain was allowed to be present because he was a prison employee and “a member of the execution team.” He was trained in execution protocols—but prison officials would not explain what such training demands, or why Ray’s imam could visit him regularly in prison but not be with him at the time of execution. The appeals court was bothered by the paucity of briefing and had ordered a fast-track hearing to better understand the reasons for the policy. The state agreed that the Christian chaplain need not be present and, feeling that it had cured the constitutional defect, asked the high court to vacate the stay. Ray’s attorneys responded in pleadings that “Mr. Ray does not dispute that the state has an interest in enforcing its judgments. But it does not have an interest in doing so unconstitutionally.”


An Execution Without an Imam


.
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post #2 of 60 (permalink) Old 02-09-2019, 06:15 PM
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read this on another site and seriously w.t.f. is going on.
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post #3 of 60 (permalink) Old 02-09-2019, 06:57 PM
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Alabama is wrong, again. Unsurprising.

Family should sue for damages. They'll win, though likely on appeal considering the first time or two will be in Alabama courts.


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post #4 of 60 (permalink) Old 02-10-2019, 10:33 AM
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can they appeal the supreme court? they've already ruled
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post #5 of 60 (permalink) Old 02-10-2019, 04:21 PM
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The SCOTUS did not rule on whether Alabama's practices wrt religion in the execution chamber was constitutional, they ruled the guy can't have a stay to his execution based on that and his last minute appeal. If this "law" or "practice" is challenged, the challenge will win.


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post #6 of 60 (permalink) Old 02-11-2019, 03:14 AM Thread Starter
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Originally Posted by edfreeman View Post
The SCOTUS did not rule on whether Alabama's practices wrt religion in the execution chamber was constitutional, they ruled the guy can't have a stay to his execution based on that and his last minute appeal. If this "law" or "practice" is challenged, the challenge will win.

They could have easily stayed the execution, they are the SCOTUS after all...


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The Supreme Court, in its brief order reversing the stay, disagreed. In Dunn v. Ray, the majority decided that Ray’s constitutional complaints were just the subject of some really bad timing: “On November 6, 2018, the State scheduled Domineque Ray’s execution date for February 7, 2019. Because Ray waited until January 28, 2019 to seek relief, we grant the State’s application to vacate the stay.” That’s because, as the court tersely notes, “A court may consider the last-minute nature of an application to stay execution in deciding whether to grant equitable relief.”

Justice Elena Kagan wrote a powerful dissent in which she was joined by Justices Ruth Bader Ginsburg, Stephen Breyer, and Sonia Sotomayor. As she notes, “given the gravity of the issue presented here, I think that decision profoundly wrong.”

A stay of execution is always a last minute appeal that the court sees rather frequently. Most are delaying tactics based on technicalities. This one is not, personally I find it incomprehensible they would allow someone to die because there's a schedule to be maintained.

The ruling and Justice Kagan's dissent.


https://www.supremecourt.gov/opinion...8a815_3d9g.pdf
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post #7 of 60 (permalink) Old 02-11-2019, 05:09 AM
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Of course they can, no issue there, but “not getting to see my preacher” just didn’t pass the sniff test to stay an otherwise lawful execution. They haven’t yet addressed Alabama’s state preference for a religion, though, was the point for suggesting a challenge to the practice.


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post #8 of 60 (permalink) Old 02-11-2019, 05:52 AM
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sorry, the fucker shot killed two teenage boys in cold blood, then later raped and killed a 15 year old girl

it then took the system 20+years to finally get rid of him

no sympathy from me, hope he rots in hell
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post #9 of 60 (permalink) Old 02-11-2019, 08:41 AM Thread Starter
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Originally Posted by edfreeman View Post
Of course they can, no issue there, but “not getting to see my preacher” ...


I think you misspelled "Having an Imam at the time of his death"
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post #10 of 60 (permalink) Old 02-11-2019, 08:45 AM
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Originally Posted by sualk54 View Post
sorry, the fucker shot killed two teenage boys in cold blood, then later raped and killed a 15 year old girl

it then took the system 20+years to finally get rid of him

no sympathy from me, hope he rots in hell


no doubt deserves it but has little to do with a specific case-
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