Hostility to Mercy
Strict Scrutiny
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The Shadow Docket of the Death Penalty
It felt like what happened at the outset of the trump execution litigation is at least some lower courts tried to pump the brakes and say, we liked to kind of sort through these claims. Well, barve lee forgets about all this, right? And it just sounds the supreme court saying, pana barbatal is always constitutional, no matter what happens. It also seems clear that, at least in the death penalty context, the supreme court is going to be very hostile in situations where it looks like there is resistance or a problem with the implementation.
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