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USCA6 Takes Lethal Injection Case En Banc

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Last week, I commented on Justice Sotomayor's dissent in the McGehee case from Arkansas.  She said that the Supreme Court should stay the Arkansas executions to resolve a difference of opinion between federal courts of appeals regarding the availability of an alternative method of execution when an inmate claims the state's method creates an excessive risk of pain.

My comment at the time was that there was not yet a circuit split that was ripe for Supreme Court review because the decision of a Sixth Circuit panel was not yet that circuit's final word.  The court might take up the case for rehearing before the full court (en banc).

Sure enough, today the Sixth did exactly that.

3 Comments

At least Gilbert Merritt is not on the panel. Positive thing to start out. Alot of Obama libbies on that court. Close vote expected

My guess is that there will be a close win for the State of Ohio. I think the successful Arkansas executions and the ascension of Gorsuch paves the way.

But Justice is being delayed, and that's a travesty.

Agreed Fed. I think Gorsuch on SCOTUS instead of Garland saved the day..for now. Hopefully Trump can get one or two more appointments in.

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