I would make a point of doing something the liberal clerks who opposed capital punishment rarely did-- simply describing the brutal nature of the crime for which the defendant had been convicted. The appeal would go to the full Court for a vote. Each of the other eight clerks would call their justices at home, wake them up, and then the justices would each vote on the appeal that night.
I still don't understand why the justices tolerate this gamesmanship, which diminishes respect for the rule of law.
This gamesmanship diminishes respect for the rule of law. It would be a simple matter for the Court to issue rules saying that all applications for stays must be filed at least one week before the execution date. Or, even a single justice could simply announce publicly that he or she would not vote to stay any execution if the stay application were filed less than a week earlier. That would allow, fair, careful, reasoned consideration of the legal claims, not haphazard skimming at midnight. The rule could exclude claims of actual innocence--which could be filed at any time whatsoever--but the vast majority of capital defendants make no claims of innocence.
To be fair, when it came to leaving work at the hospital steps, I wasn't completely innocent. During much of the time we were there, I was studying cases for an oral argument before the U.S. Supreme Court scheduled for two days later. I was appearing in support of a Louisiana law that allowed capital punishment for the very worst child rapists. It was a horrible case, where a 300-pound man had brutalized has seven-year-old stepdaughter. So just hours after Caroline was born, I said a prayer of thanksgiving, kissed my beautiful wife and baby daughter, rushed to the airport, and flew to Washington to argue the case.
Some caricatures suggest that a conservative would be reluctant to represent a convicted murderer. That may be true, if the client is clearly guilty. But John Thompson was innocent. And critical to supporting the death penalty is ensuring that we vigorously protect the innocent. DNA has enabled many guilty persons to be convicted, and it has proven the innocence of many others.
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| 2016 Presidential contenders on Crime: | |||
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Republicans:
Sen.Ted Cruz(TX) Carly Fiorina(CA) Gov.John Kasich(OH) Sen.Marco Rubio(FL) Donald Trump(NY) |
Democrats:
Secy.Hillary Clinton(NY) Sen.Bernie Sanders(VT) 2016 Third Party Candidates: Roseanne Barr(PF-HI) Robert Steele(L-NY) Dr.Jill Stein(G,MA) | ||
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