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After SCOTUS reverses stays by 6-3 votes, US complete early morning execution of only woman on federal death row

As reported here via SCOTUSblog, the "Supreme Court on Tuesday night cleared the way for the execution of Lisa Montgomery, the first woman to be executed by the federal government in 68 years.  Montgomery was convicted in 2008 of strangling Bobbie Jo Stinnett, a Missouri woman who was eight months pregnant, and extracting the premature baby to pass off as her own child." Here is more: In a series of brief, unsigned orders, the Supreme Court reversed a pair of rulings from federal appeals courts...
Tags: Supreme Court, Law, US, Georgia, Missouri, Justice Department, Montgomery, Trump, Kelly Gissendaner, Lisa Montgomery, Terre Haute Indiana, Corey Johnson, Douglas A Berman, Bobbie Jo Stinnett, Dustin Higgs


Reversing several lower courts, justices allow execution of Lisa Montgomery

The Supreme Court on Tuesday night cleared the way for the execution of Lisa Montgomery, the first woman to be executed by the federal government in 68 years. Montgomery was convicted in 2008 of strangling Bobbie Jo Stinnett, a Missouri woman who was eight months pregnant, and extracting the premature baby to pass off as her own child. In a series of brief, unsigned orders, the Supreme Court reversed a pair of rulings from federal appeals courts that had put Montgomery’s execution on hold, and i...
Tags: Featured, Supreme Court, Law, Joe Biden, Indiana, Missouri, Department Of Justice, Justice Department, Montgomery, Trump, Federal Bureau of Prisons, D C Circuit, U S Court of Appeals, Elena Kagan, Kagan, 7th Circuit


DC Circuit panel upholds January 12 execution date for only woman on federal death row

Just before Christmas, as noted in this post, a federal district judge vacated an order from the director of the Bureau of Prisons that had set Lisa Montgomery’s execution date for January 12.  But, on New Year's Day, a DC Circuit panel issued this order putting the execution back on track.  This CNN article about the ruling provides some context: Montgomery's execution had been scheduled for December 8, but a judge postponed it after her attorneys said they were diagnosed with Covid-19 after f...
Tags: Texas, Supreme Court, Law, US, Cnn, United States, Missouri, Montgomery, Trump, Federal Bureau of Prisons, Ethel Rosenberg, Lisa Montgomery, Terre Haute Indiana, Federal Correctional Complex, Bureau of Prisons, DC Circuit


Federal judge blocks January 12 execution date for only woman on federal death row

As repoted in this AP piece, a "federal judge said the Justice Department unlawfully rescheduled the execution of the only woman on federal death row, potentially setting up the Trump administration to schedule the execution after president-elect Joe Biden takes office." Here is more about a ruling that was handed down before Christmas: U.S. District Court Judge Randolph Moss also vacated an order from the director of the Bureau of Prisons that had set Lisa Montgomery’s execution date for Jan. ...
Tags: Law, Court, Joe Biden, Ap, Missouri, Biden, Justice Department, Montgomery, Trump, Moss, The Associated Press, U S District Court, Lisa Montgomery, Terre Haute Indiana, Federal Correctional Complex, Bureau of Prisons


Trump asks to enter Texas election lawsuit

President Donald Trump on Wednesday joined Texas in a last-ditch and unprecedented effort to persuade the Supreme Court to delay the Electoral College vote and block four states – Georgia, Michigan, Pennsylvania and Wisconsin – from casting votes for President-elect Joe Biden, who won the popular vote in each state. Trump argued that election officials in those states had “made a systematic effort to weaken measures to ensure fair and impartial elections” with their response to the COVID-19 pand...
Tags: Florida, Texas, Featured, Supreme Court, Law, Joe Biden, Pennsylvania, Missouri, Wisconsin, Ohio, Donald Trump, Trump, Howe, Richard Nixon, Electoral College, Chapman University


Still no Trillion Dollar Judgment

Parker v. Apple (Fed. Cir. 2020) (non-precedential order) The Federal Circuit has dismissed Parker’s pro se appeal as frivolous.  Parker described the facts of the case as follows: On October 29, 2018 Raevon  Parker  went to the Apple Store in the Saint Louis Galleria for a malfunction of his cellular device. The attendant in the Apple Store fixed the device but kept it by deceiving the Plaintiff knowing that it was the first phone to have new features [created by Parker himself]. The damages th...
Tags: Apple, Law, Missouri, Apple Store, Patent, Parker, Federal Circuit, Apple Fed, Saint Louis Galleria, Raevon Parker, Federal Circuit Parker


Federal judge orders Missouri to improve its parole process

As reported in this local piece, headlined "Judge orders revamp of Missouri’s ‘unconstitutional’ parole system," a notable new federal district court ruling last week "spurred by a class-action lawsuit in 2017 by state prison inmates, requires the state’s Department of Corrections to implement over two dozen reforms related to the agency’s unconstitutional handling of parole revocation proceedings."  Here is more: The lawsuit alleged that the current practices resulted in the unlawful reincarce...
Tags: Law, Missouri, Department of Corrections, Douglas A Berman, MacArthur Justice Center, Stephen R Bough, Amy Breihan


Choosing The Best Binoculars For Your Hunting Season

Best Binoculars For Your Hunting Season You have a great line of binoculars to choose from, it’s difficult to choose between high quality and high price or good quality and reasonable priced. If you have been having trouble deciding what the best hunting binoculars are, we’re here to give you a few options. First pieces of advice we can give you is to read and as much info and watch as many review videos as possible. Read reviews by customers, pay attention to the product description, and resea...
Tags: Alabama, Blog, Missouri, North Dakota, Hunting, Optics, Binoculars, Sig Sauer, Burris, Midas, Cronus, Leupold, Gear List, Leupold BX, Porro, Santiam


Barrett confirmed as 115th justice

The Senate on Monday night confirmed Judge Amy Coney Barrett as the 115th justice of the U.S. Supreme Court and the fifth woman to serve on the court. The 48-year-old Barrett fills the seat previously held by Justice Ruth Bader Ginsburg, who died on Sept. 18 of complications from pancreatic cancer. The 52-48 vote capped a meteoric rise for Barrett, who spent almost all of her career as a law professor who was well regarded but little known outside academic circles. And for conservatives, the vot...
Tags: Chris Christie, Featured, Supreme Court, Law, Obama, California, Kentucky, Senate, White House, Barack Obama, Missouri, Maine, Alaska, North Carolina, Donald Trump, Ruth Bader Ginsburg


US Department of Justice sets two more execution dates, including for the only woman on federal death row

In this July post I wondered aloud "How many federal death row prisoners does Attorney General William Barr want to see executed in 2020?".  My main point in that post was that, after the completion of an initial three federal executions that month thanks to SCOTUS lifting lower court stays, it seemed to me that AG Barr would likely be able to have completed how ever many executions he decides to set.  Thereafter, the US Justice Department set two more execution dates for August and two more for...
Tags: Law, US, United States, Missouri, Kansas, Jesus, Doj, Justice Department, Montgomery, Todd, U S District Court, US Department of Justice, Federal Bureau of Prisons, Bernard, Fort Hood, Stacie


Morning Docket: 10.15.20

* Britney Spears scored a small victory in her conservatorship battle with her father after a judge allowed her to hire her own counsel. Guess now "she is that innocent"... [Variety] * President Trump has refused to say whether he will keep Attorney General Barr if Trump wins reelection. [CNBC] * A medical device company will pay millions and submit to monitoring as a result of allegations that the company paid kickbacks to doctors. This would have been a boring ending to Love and Other Dru...
Tags: New York Post, Texas, Supreme Court, Law, Virginia, Missouri, Britney Spears, Cameo, Loving, Cnbc, Trump, Barr, Britney Spear, Morning Docket, President Trump, Loving v. Virginia


Transparency In Missouri

Two recent arguments before the Missouri Supreme Court are summarized and linked on the court's web page. Disciplinary Counsel seeks disbarment in both matters. October 6 In re: John E. Tresslar St. Louis Attorney discipline Listen to the oral argument:... [Author: Legal Profession Prof]
Tags: Law, Missouri, Missouri Supreme Court, Legal Profession Prof, Bar Discipline & Process, John E Tresslar St Louis


Symposium: The liberal, yet powerful, feminism of Ruth Bader Ginsburg

This article is part of a symposium on the jurisprudence of the late Justice Ruth Bader Ginsburg. Katherine Franke is the James L. Dohr professor of law and director of the Center for Gender and Sexuality Law at Columbia University. Supreme Court Justice Ruth Bader Ginsburg will be remembered as the principal architect of the law of sex equality. There are three key components to her conception of sex-based justice worth considering as we digest her larger life and legacy as an advocate, teacher...
Tags: Europe, Featured, Sweden, Supreme Court, Law, Missouri, Ruth Bader Ginsburg, Craig, Reed, Richardson, Ginsburg, Goodyear, Boren, Ledbetter, Warren Burger, Anthony Kennedy


Symposium: Ginsburg’s equal-protection legacy and the dismantling of sex-based stereotypes

This article is part of a symposium on the jurisprudence of the late Justice Ruth Bader Ginsburg. Elizabeth Slattery is a senior legal fellow and Anastasia Boden is a senior attorney at Pacific Legal Foundation. They’re the hosts of a new podcast, Dissed, about dissenting opinions at the Supreme Court. Throughout her pathmaking career, Ruth Bader Ginsburg fought for women to be treated equally, whether that meant eliminating a hardship or getting rid of a special privilege. Arguing before the Su...
Tags: Featured, Supreme Court, Law, Virginia, United States, Missouri, Ruth Bader Ginsburg, Craig, Kahn, Harvard Law School, Richardson, Ginsburg, Pacific Legal Foundation, Virginia Military Institute, Frontiero, Anastasia Boden


Bureau of Justice Statistics releases "Capital Punishment, 2018 – Statistical Tables"

This morning the Justice Department's Bureau of Justice Statistics released this new report with notable national data on the administration of the death penalty in the United States through 2018. As I have noted before, though BJS is often the provider of the best available data on criminal justice administration, in the capital punishment arena the Death Penalty Information Center tends to have more up-to-date and more detailed data on capital punishment. In any event, this new BJS report stil...
Tags: Texas, Law, Washington, Pennsylvania, United States, Missouri, Arkansas, Nevada, Delaware, Death Penalty Information Center, Bureau Of Justice Statistics, South, Washington Supreme Court, Douglas A Berman, West Midwest, Justice Department s Bureau of Justice Statistics


"Myself and the first lady are both fine. I was tested. Those results, the preliminary results, has come back as a positive test. . . . Right now, I feel fine — no symptoms of any kind."

Said Mike Parson, the Governor of Missouri. He looks rather old, but he's only 65. [Author: [email protected] (Ann Althouse)]
Tags: Law, Missouri, Ann Althouse, Mike Parson, Coronavirus


Profile of a potential nominee: Amy Coney Barrett

President Donald Trump announced on Saturday that he would nominate a woman to fill the vacancy left by the death of Justice Ruth Bader Ginsburg. According to news reports, Judge Amy Coney Barrett, a judge on the Chicago-based U.S. Court of Appeals for the 7th Circuit, is on the shortlist of candidates whom the president is considering. Judge Amy Coney Barrett (University of Notre Dame) This is not the first time that Barrett’s name has been mentioned in connection with a possible Supreme Cou...
Tags: Texas, Featured, Supreme Court, Law, Obama, Colorado, Navy, California, Planned Parenthood, Washington, Senate, Virginia, Court, West Virginia, Indiana, Chicago


A timely reminder that the war on drugs, and even the war on marijuana, is not anywhere close to over

Just last night I flagged here a new article by Michael Vitiello about the "war on drugs" and extreme sentences for drug crimes.  And this morning I saw this news article from Kansas this past week that provides a reminder that the US drug war as operationalized through extreme sentences even for marijuana offenses remains a very current reality for far too many.  The piece is headlined "Man serving 7.5 years on marijuana case says Kansas’ sentencing laws aren’t just," and here are excerpts: A ...
Tags: Law, Colorado, US, Missouri, Lexus, Manhattan, Kansas, Nebraska, Oklahoma, Hyundai, Bosch, Joseph, Salina, Wilkerson, Westmoreland, Kansas Department of Corrections


Ugly COVID headlines and stories not stopping in incarceration nation

It has now been a couple of weeks since I did a round-up of prison-COVID press pieces.  Thankfully, the press and commentators keeping reporting and discussing the discouraging tales that keep emerging from our prisons and jails, and here is a round-up of just a few recent headlines and pieces: From ABC News, "'Who is going to man the prison if everyone tests positive?' Corrections officer union warns of dual threat facing federal prisons" From the Detroit Free Press, "Nearly half the population...
Tags: Florida, Law, California, America, Missouri, Miami, Michigan, Detroit Free Press, Barr, Phoenix New Times, Washington State Penitentiary, Douglas A Berman, COVID, ABC News Who, MarketWatch U S, Herald Rubio


Can and should judges demand prosecutors provide written explanations for dismissals and plea deals?

The question in this post and broader concerns about judicial review of prosecutorial discretion seems to be arising more and more in a variety of contexts. The election of many so-called progressive prosecutors seems in particular to be lead some not-so-progressive judges to be more eager to review and regulate prosecutorial action, and this AP article notes how this debate might come before the Virginia Supreme Court: A northern Virginia prosecutor who says her county’s judges are infringing ...
Tags: Maryland, Supreme Court, Law, Virginia, Ap, Missouri, Republican, Baltimore, Larry Hogan, Arlington, Hogan, Circuit Court, Marilyn Mosby, Gardner, Virginia Supreme Court, Mosby


Symposium: The unfolding revolution in the jurisprudence of the religion clauses

This article is part of a SCOTUSblog symposium on the Roberts court and the religion clauses. Erwin Chemerinsky is the dean and Jesse H. Choper distinguished professor of law at University of California, Berkeley School of Law. Howard Gillman is the chancellor and a professor of political science and law at University of California, Irvine. Their book, “The Religion Clauses: The Case for Separating Church and State,” will be published by Oxford University Press in September. Although there were ...
Tags: Featured, Supreme Court, Law, Montana, Pennsylvania, Missouri, Philadelphia, Catholic, Smith, Ruth Bader Ginsburg, American Legion, Trump, John Roberts, Fulton, Board of Education, EEOC


Missouri selects five for first Elk hunt.

The Missouri Five The five lucky hunters  will have the opportunity to hunt in a 20-acre area known as the “Elk Restoration Zone” in Southern Missouri. Elk have not been hunted in Missouri since the 1800s when Lewis and Clark first arrived in the state. According to KRSM news, The Missouri Department of Conservation (MDC) is offering Missourians the state’s first elk-hunting season in modern history starting this October. For the inaugural season, MDC will issue one permit each to five lucky Mi...
Tags: Missouri, Hunting, Lewis, Clark, MDC, Rocky Mountain Elk Foundation, Missouri Department of Conservation MDC, KRSM, Eugene Guilkey


Missouri selects five for first ever Elk hunt.

The Missouri Five The five lucky hunters  will have the opportunity to hunt in a 20-acre area known as the “Elk Restoration Zone” in Southern Missouri. Elk have not been hunted in Missouri since the 1800s when Lewis and Clark first arrived in the state. According to KRSM news, The Missouri Department of Conservation (MDC) is offering Missourians the state’s first elk-hunting season in modern history starting this October. For the inaugural season, MDC will issue one permit each to five lucky Mi...
Tags: Missouri, Hunting, Lewis, Clark, MDC, Rocky Mountain Elk Foundation, Missouri Department of Conservation MDC, KRSM, Eugene Guilkey


Occupancy Limit? NO PROBLEM! Bar Exam Just Gets A Waiver For July Test

Neither rain, nor sleet, nor global pandemic will keep the bar examiners from running their objectively unnecessary test.
Tags: Law, Missouri, Law Schools, Bar Exams, Coronavirus, COVID-19


Symposium: A takedown of the Blaine Amendments

James Hirsen is an attorney, author, commentator and former professor at Trinity Law School. He filed an amicus brief on behalf of the Justice and Freedom Fund, Institute for Faith and Family and North Carolina School Choice in support of the petitioners in Espinoza v. Montana Department of Revenue. The Supreme Court’s decision in Espinoza v. Montana Department of Revenue will shape how the First Amendment’s religion clauses apply to state and local restrictions on how public money is spent. In ...
Tags: Featured, Justice, Supreme Court, Law, Montana, United States, Missouri, House, Catholic, State, John Roberts, Roberts, Alito, Blaine, Montana Department of Revenue, Elena Kagan


Symposium: What’s “the use” of the Constitution’s distinctive treatment of religion if it is disregarded as discrimination?

Holly Hollman is general counsel for the Baptist Joint Committee for Religious Liberty, which submitted an amicus brief in support of the respondents in Espinoza v. Montana Department of Revenue.  The Supreme Court’s decision in Espinoza  v. Montana Department of Revenue purports to be “unremarkable,” particularly in light of Trinity Lutheran v. Comer, decided just three years ago. But the multiple opinions – four for the majority and three dissenting opinions – belie that assertion and demonst...
Tags: Featured, Supreme Court, Law, Montana, Washington, Missouri, Ohio, State, Sonia Sotomayor, U S Supreme Court, John Roberts, Roberts, Locke, Stephen Breyer, Breyer, Davey


Symposium: Clarity in an era of confusion — The Supreme Court will not tolerate hostility to religion

Mithun Mansinghani serves as solicitor general for the state of Oklahoma. Bryan Cleveland and Zach West, assistant solicitors general, also contributed to this article. The state of Oklahoma, through Attorney General Mike Hunter, led an 18-state amicus brief  in support of the petitioners in Espinoza v. Montana Department of Revenue. On one level, the Supreme Court’s decision in Espinoza v. Montana Department of Revenue is entirely unsurprising—a straightforward application of precedent, both lo...
Tags: Featured, Supreme Court, Law, Montana, Missouri, Oklahoma, Ruth Bader Ginsburg, Locke, Blaine, Montana Department of Revenue, Davey, Trinity Lutheran Church of Columbia, Montana Supreme Court, Zelman, Espinoza, Comer


Reviewing the Americans With Disabilities Act’s Application to Websites–Martinez v. SDCCU

Following the Ninth Circuit’s Robles v. Domino’s opinion, we’ve entered a period of relative clarity about when websites constitute “places of public accommodation” for purposes of the Americans With Disabilities Act (ADA). A recent court opinion, over a financial institution’s website that allegedly doesn’t work with screen readers used by blind customers, helpfully summarizes where we are at. The court’s bottom line: Although the courts have not yet articulated a single clear standard on this ...
Tags: Law, Congress, E-commerce, Noah, Netflix, Harvard, Missouri, Aol, Credit Union, Ada, Doj, Young, Domino, Martinez, Robles, California Court of Appeal


Invention of a Slave and the Ongoing Movement For Equal Justice

by Dennis Crouch The Black Lives Matter movement, ongoing protests, and statements of alliance have given me new hope that our society and its institutions are ready to take another step toward equal justice. In 1857, the US Supreme Court decided Dred Scott v. Sandford, 60 U.S. (19 How.) 393 (1857) and affirmed what various state courts had previously decided — that under the law, free (non-enslaved) black and brown people were not United States Citizens. [A]s long ago as 1822, the Court of App...
Tags: Law, US, Chicago, Canada, United States, Missouri, Jim Crow, Patent, Columbia, US supreme court, State, Scott, Stan, Swanson, US Patent Office, The Black Lives Matter


More notable reporting on the persistently notable carceral challenges posed by COVID-19

It has only been a few days since I rounded up, in this post, some headlines and stories about incarceration nation's continued struggles with the coronavirus pandemic.  But, in just that short time, I have seen enough notable new pieces that I thought it time to do another one.  The first two pieces are lengthy accounts of prison failings and worth every moment, the others provide a snapshot of ugly realities in particular jurisdictions: From The Marshall Project, "'I Begged Them To Let Me Die'...
Tags: Law, California, Missouri, North Carolina, St Louis Post, Douglas A Berman, KVUE State, The Spokesman Review Central Washington, WTOC Georgia Coastal State Prison



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