A Modest Proposal for Limited Supreme Court Reform
We believe that requiring four votes in this special type of case would not lead to an anti-death penalty cabal, and we ask the court to consider amending its internal procedures to adopt that rule as well as providing reasons in cases such as that of Matthew Reeves.
February 13, 2022 at 10:00 AM
5 minute read
United States Supreme CourtMatthew Reeves was executed by the state of Alabama late on Thursday, Jan. 27, 2022, just hours after the United States Supreme Court, without opinion or reasons, vacated a preliminary injunction by the District Court affirmed by the Eleventh Circuit that would have delayed his execution for a short period so he could be executed by his preferred method. This board has long and vehemently opposed the death penalty, but whether Reeves was to be executed was not at issue here; only when and how. The district court's order and opinion entered on Jan. 7 was 37 pages long and contained specific factual findings after a hearing with witnesses. The circuit's Jan. 26 affirmance, without dissent, was 27 pages long. Including the four dissents in the Supreme Court, with a 3-page opinion, seven judicial officers had concluded that an injunction against Mr. Reeve's death was proper; only five Supreme Court justices toppled their considered legal views and factual conclusions. We question whether the rule of law was served by the silent five-justice majority and current Supreme Court rules and practice regarding death penalty stays.
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