Link is to my previous thread, but much has happened since then.
Following my original post, the Fifth Circuit dissolved the District Court’s stay and the execution was back on.
Then THIS happened:
(ORDER LIST: 590 U.S.)
TUESDAY, JUNE 16, 2020
ORDER IN PENDING CASE
19-8695 GUTIERREZ, RUBEN V. SAENZ, LUIS V., ET AL.
The application for stay of execution of sentence of death presented to Justice Alito and by him referred to the Court is granted pending the disposition of the petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court.
The District Court should promptly determine, based on whatever evidence the parties provide, whether serious security problems would result if a prisoner facing execution is permitted to choose the spiritual adviser the prisoner wishes to have in his immediate presence during the execution.
This order came down literally one hour before Gutierrez’s execution was scheduled. I believe he was actually being strapped onto the gurney.
Given the instructions given to the District Court, I think the Supreme Court will take this case and issue a judgement requiring all States to permit a death row inmate the spiritual advisor of his choice to be present in the execution chamber.