Looks like we are going to have yet another Supreme Court death penalty case

[Safiel]

Three Judge panel of the DC Circuit allows Federal executions to move forward, but I suspect that this too will go to the en banc DC Circuit

In this case, two Trump Judges vs a Clinton Judge. But even the Trump Judges took two different tacks, so what we have is a per curiam Opinion of the Court presumable shared by Katsas and Rao, a concurring opinion by Katsas, a concurring opinion by Rao and a dissenting opinion by Tatel. The relevant part of the statute, 18 USC 3596 reads as follows: (a)In General.— A person who has been sentenced to death pursuant to this chapter shall be committed to the custody of the Attorney General u…

Link to my previous post on this subject above.

061820zr_f2ag.pdf

(ORDER LIST: 591 U.S.)

THURSDAY, JUNE 18, 2020

ORDER IN PENDING CASE

19-1348 ROANE, JAMES H., ET AL. V. BARR, ATT’Y GEN., ET AL.

The motion to expedite consideration of the petition for a writ of certiorari is granted. Respondents are directed to file a response to the petition on or before 5 p.m., Friday, June 19, 2020. Petitioners may file a reply brief on or before 5 p.m., Monday, June 22, 2020. Amicus curiae briefs may be filed on or before 5 p.m., Friday, June 19, 2020.

This order was issued late today. The government’s reply brief is due in less than 24 hours with no prior warning. Looks like the United States Solicitor General’s Office is going to be pulling an all nighter. Good luck if you are a potential amici, you will have to pull an all nighter as well and will have to pull off all the necessary procedural steps in under 24 hours.

Issues : (1) Whether the phrase “prescribed by the law of the State” in 18 U.S.C. § 3596(a) includes those procedures that state law requires state officials to establish; (2) whether a court may uphold an agency rule based on an interpretation the agency never advanced when formulating the rule and specifically disclaimed when defending it; and (3) whether a protocol that dictates the manner in which a prisoner will be executed is a “procedural rule” exempt from notice and comment.

20200605210106475_2020%2006%2005%20In%20re%20FBOP%20Petition.pdf

Link to the Petition for a Writ of Certiorari.

I should note the DC Circuit denied en banc review.

Given the order for expedited consideration, I fully expect the Supreme Court to take this case and they NEED to do so, as I believe the DC Circuit panel judgement was clearly errant.

The Supreme Court should vacate the Judgement of the DC Circuit and restore the injunction originally issued by the District Court. The Department of Justice should be required to enact execution protocols PRECISELY IDENTICAL to those of the State of Indiana, including the execution drug protocol.

In this case, the law clearly favors the position advanced by the death row inmates.