circuit judge

Death and the Natural State

VIII. Adjustment.

This is the setup: The state of Arkansas wishes to execute eight people over the course of ten days in four doubleheaders of death overseen by a prisons regime that has never executed anyone at all, using drugs the state has never used before and have shown grotesquely problematic in neighboring Oklahoma, are about to expire, and, according to the manufacturers, do not appear to have been acquired legitimately. Rachel Maddow offered a six and a half minute overview last week.

That would have been Thursday evening. Friday and Saturday saw the whole plan come apart, with one execution stayed at least temporarily, and then a temporary restraining order against one of the intended execution drugs, compelling a federal court to halt all eight executions. This is Arkansas, though; NBC News brings the latest:

Lawyers for the Arkansas attorney general’s office worked feverishly on Saturday in an attempt to dismantle road blocks in the way of a historic spate of executions temporarily halted by court rulings.

Arkansas Gov. Asa Hutchinson had ordered the execution of eight men over 10 days because one of the state’s lethal injection drugs was set to expire at the end of the month, but a series of court rulings Friday and early Saturday put that schedule in jeopardy.

Arkansas Attorney General Leslie Rutledge made it clear the state was unwilling to concede.

The former Land of Opportunity, naturally, is very much distressed that the courts should meddle with its opportunity excuse for homicidal spectacle.

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Republican Justice (Maybe Mix)

Contemplation of Justice

Steve Benen, after reviewing the appalling stupidity of the Republican pitch against confirming a Supreme Court nominee, including their reaction to the nomination of Judge Merrick Garland, found himself adding a postscript:

Sen. Orrin Hatch (R-Utah), who just last week explicitly urged Obama to nominate Garland, said in a statement this morning that Garland’s nomination “doesn’t in any way change current circumstances” – which is to say, Hatch still supports his party’s blockade.

However, Hatch also added this morning, “I’d probably be open to resolving this in the lame duck.” Keep a very close eye on this, because it may prove to be incredibly important. As things stand, Senate Republicans don’t intend to reject Garland, so much as they plan to ignore him. His nomination won’t be defeated; it’ll simply wither on the vine.

But if Republicans fare poorly in November’s elections, don’t be too surprised if GOP senators declare, “Well, now that voters have had their say, we’re prepared to confirm Garland after all.”

The msnbc producer and blogger advises readers to, “File this away for future reference”, and it behooves us to do so. One of the blessings facing pretty much any president seeking a new Supreme Court justice, and especially Democrats as such these days, is that there is a plethora of qualified candidates. In the end, given all else, one wonders if perhaps the “moderate, inoffensive, broadly respected, 63-year-old white guy” is actually the sacrificial lamb.

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