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Stays and Possibility of Success

The U.S. Supreme Court has vacated another stay of execution from Alabama, reminding the lower federal courts that "a significant possibility of success on the merits" is a requirement for a stay.  See prior post of October 4.  No, again, you can't use the All Writs Act to weasel out of that requirement.  Here is the order in Dunn, Commissioner v. McNabb, 17A440:

The application to vacate the injunction entered by the United States District Court for the Middle District of Alabama on October 16, 2017, presented to Justice Thomas and by him referred to the Court, is granted. "[I]nmates seeking time to challenge the manner in which the State plans to execute them must satisfy all of the requirements for a stay, including a showing of a significant possibility of success on the merits." Hill v. McDonough, 547 U. S. 573, 584 (2006). The All Writs Act does not excuse a court from making these findings. Because the District Court enjoined Respondent's execution without finding that he has a significant possibility of success on the merits, it abused its discretion. We accordingly vacate the injunction.

Justice Breyer and Justice Sotomayor would deny the application to vacate the injunction.


If a judge is too dumb or too willful to know the rules, why is that person a judge? Don't litigants deserve better?

Moving a judge to take reasonable action to protect life,
can be like moving a mountain:

Judge denied ex-employer's request for protection from
Edgewood, Md., shooting suspect [multi-murder]


Prince has a lengthy criminal history, officials said. Wilmington police say he has 42 arrests in Delaware, where he has an address and relatives, and 15 felony convictions.


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