Strict Scrutiny cover image

Leg Day

Strict Scrutiny

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Is There a Legitimate Concern With Last Minute Stays?

Justice Sotomayor: I'm especially troubled by the majority statement that quote unquote last minute stays should be the extreme exception, which could be read to intimate that late occurring stay requests from Capitol prisoners should be reviewed with an especially jaundiced eye. Justice Gorsuch: It has been a problem for decades that people when they're being executed, all of a sudden come up with new claims. And we don't want to encourage them to be doing this over and over.

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