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New Death Penalty Ruling Highlights Tension in the Supreme Court

The Supreme Court ruled that an inmate in Missouri could be put to death via lethal injection, despite the fact that he claims it would be cruel and unusual due to a medical condition he has. This decision comes in the midst of public criticism over other recent Supreme Court death penalty rulings. In February, […]

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  • The Supreme Court ruled that an inmate in Missouri could be put to death via lethal injection, despite the fact that he claims it would be cruel and unusual due to a medical condition he has.
  • This decision comes in the midst of public criticism over other recent Supreme Court death penalty rulings.
  • In February, the Supreme Court denied a Muslim inmate the right to have an Imam with him at the time of execution, but last week voted in favor of a Buddhist man making a similar case.

Case in Missouri

The Supreme Court ruled 5-4 on Monday, agreeing that a man in Missouri could be put to death via lethal injection, despite his claim that it would cause him severe pain due to a rare medical condition.

Inmate Russell Bucklew has a disease called cavernous hemangioma, which means he has blood-filled tumors in his neck, throat, and head. Bucklew and his lawyers say that the chemical compounds in a lethal injection would cause the tumors to rupture, meaning he would bleed from those areas, and be in extreme pain. They argue that because of this, lethal injection would be a cruel and unusual punishment, and suggest using a gas chamber instead.

The Supreme Court, however, ruled against this, citing that the Eighth Amendment, which prohibits cruel and unusual punishment, does not prohibit painful punishments.

“The Eighth Amendment does not guarantee a prisoner a painless death—something that, of course, isn’t guaranteed to many people, including most victims of capital crimes,” Justice Niel Gorsuch wrote in the majority opinion.

He also cited that Bucklew had postponed his sentencing twice, once in 2014 and once in 2018, and claimed he was merely trying to delay it again. Gorsuch also wrote that Bucklew and his lawyers did not make a case for the gas chamber, saying they “failed to present colorable evidence that nitrogen would significantly reduce his risk of pain.”

Similar Cases in Alabama and Texas

This case is the most recent in a slew of cases regarding the death penalty that have caused tension within the Supreme Court.

In early February, the court heard the case of Domineque Hakim Ray. Ray requested that his Inam, a Muslim religious leader, be present during his execution. However, the Alabama prison he was in denied his request. The prison would only allow their Christian minister to be present and said his Imam would be allowed to watch from behind a glass window in the next room.

Ray claimed this case violated the First Amendment by giving rights to those who follow Christianity, but not to others. However, the Supreme Court ruled 5-4 that Ray’s execution could be carried out without his Imam. They claimed he did not bring the matter up in a timely manner, as he brought the issue up 10 days before his sentencing. A few days later, Ray was executed.

A case in March tackled a similar issue. Patrick Henry Murphy, an inmate in Texas, requested a Buddhist leader be present while his death sentence was carried out, and was denied this by his prison. On March 28, the Supreme Court ruled 7-2 to allow him a stay of execution, hours before his scheduled sentencing.

These two different rulings on two similar cases have left many confused. However, there are differences in state laws that could have factored into these desicions.

Alabama states that only Department of Corrections employees are allowed in the chamber, and those employees include a Christian minister.

Whereas in Texas, an inmate is allowed to be accompanied by a religious leader, but the state interpreted the law to mean a religious leader who works for the Texas Department of Criminal Justice. The TDCJ has both a Christian and Muslim leader, but not a Buddhist. However, the Supreme Court ruled this interpretation to be unconstitutional.

Even with this, many argue that the core arguments in each case were very similar. So, do these split rulings mean anything for the future of the Supreme Court?

Some legal experts say that this shows the shift the court will now have due to Brett Kavanaugh’s appointment, which gave the conservatives a stronghold in the court.

Jessica Levinson, a professor at Loyola Law School, told CNN that particularly in death penalty cases, stakes are very high, and stronger rifts come out.

“The stakes do not get higher than they do in death penalty cases,” she said. “And the arguments between the justices and rifts in the court may only get louder and deeper.”

See What Others Are Saying: (NPR) (Slate) (The Los Angeles Times)

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Katie Couric Says She Edited Ruth Bader Ginsburg Quote About Athletes Kneeling During National Anthem

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October 14, 2021

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Couric said she omitted part of a 2016 interview in order to “protect” the justice.

Kate Couric Edited Quote From Justice Ginsburg

In her upcoming book, journalist Katie Couric admitted to editing a quote from Supreme Court Justice Ruth Bader Ginsberg in 2016 in order to “protect” Ginsberg from potential criticism. 

Couric interviewed the late justice for an article in Yahoo News. During their discussion, she asked Ginsburg about her thoughts on athletes like Colin Kaepernick kneeling for the national anthem to protest racial inequality.

“I think it’s really dumb of them,” Ginsburg is quoted saying in the piece. “Would I arrest them for doing it? No. I think it’s dumb and disrespectful. I would have the same answer if you asked me about flag burning. I think it’s a terrible thing to do, but I wouldn’t lock a person up for doing it. I would point out how ridiculous it seems to me to do such an act.”

According to The Daily Mail and The New York Post, which obtained advance copies of Couric’s book “Going There,” there was more to Ginsburg’s response. Couric wrote that she omitted a portion where Ginsburg said the form of protest showed a “contempt for a government that has made it possible for their parents and grandparents to live a decent life…Which they probably could not have lived in the places they came from.“

Couric Says She Lost Sleep Making Choice

“As they became older they realize that this was youthful folly,” Ginsberg reportedly continued. “And that’s why education is important.“

According to The Daily Mail, Couric wrote that the Supreme Court’s head of public affairs sent an email asking to remove comments about kneeling because Ginsburg had misspoken. Couric reportedly added that she felt a need to “protect” the justice, thinking she may not have understood the question. Couric reached out to her friend, New York Times reporter David Brooks, regarding the matter and he allegedly likewise believed she may have been confused by the subject. 

Couric also wrote that she was a “big RBG fan” and felt her comments were “unworthy of a crusader for equality.” Because she knew the remarks could land Ginsburg in hot water, she said she “lost a lot of sleep” and felt “conflicted” about whether or not to edit them out. 

Couric was trending on Twitter Wednesday and Thursday as people questioned the ethics behind her choice to ultimately cut part of the quote. Some thought the move showed a lack of journalistic integrity while others thought revealing the story now harmed Ginsburg’s legacy.

See what others are saying: (New York Post) (The Daily Mail) (Insider)

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Biden Administration Orders ICE To Halt Workplace Raids

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October 13, 2021

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The Department of Homeland Security will now focus on targeting employers who exploit undocumented workers, instead of carrying out raids that dissuade those workers from reporting labor violations.

DHS Reverses Worksite Raid Policy

The Biden administration announced Tuesday that it was ordering Immigration and Customs Enforcement (ICE) to stop workplace raids.

The move marks a reversal from Trump administration policies that have been strongly criticized by immigration activists who argue the efforts created fear in immigrant communities and dissuaded them from reporting labor violations or exploitative employment practices.

In addition to stopping the raids, Department of Homeland Security (DHS) Secretary Alejandro Mayorkas said in a memo that the administration will refocus enforcement efforts to instead target “employers who exploit unauthorized workers, conduct illegal activities or impose unsafe working conditions.” 

Mayorkas added that the immigration agencies housed in DHS will have the next 60 days to identify harmful existing policies and come up with new ones that provide better deportation protections for workers who report their employers.

In the Tuesday memo, the secretary argued that shift of focus will “reduce the demand for illegal employment by delivering more severe consequences to exploitative employers” and “increase the willingness of workers to report violations of law by exploitative employers and cooperate in employment and labor standards investigation.”

Labor Market Implications

The new policy comes at a time when the U.S. is experiencing a critical labor shortage, including in many sectors that rely on immigrant labor.

Some companies that use undocumented workers pay them wages that are far below the market rate, which is not only exploitative but also undercuts competitors.

According to Mayorkas, the pivot to employer-based enforcement will help protect American businesses.

“By exploiting undocumented workers and paying them substandard wages, the unscrupulous employers create an unfair labor market,” he said in the memo. “They also unfairly drive down their costs and disadvantage their business competitors who abide by the law.”

It is currently unclear how effective the new efforts will be, but historical precedent does not paint an optimistic picture.

The Biden administration’s efforts closely mirror a similar move by the Obama administration, which attempted to reverse workplace raids authorized under President George W. Bush by targetting those who employ undocumented workers rather than the workers themselves.

That effort, however, still led to thousands of undocumented workers being fired.

See what others are saying: (The Washington Post) (The New York Times) (ABC News)

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Mom Charged for Hosting Secret Teen Parties, Pressuring Kids To Drink and Engage in Sex Acts

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October 13, 2021

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Investigators said some of the sex acts between teens were non-consensual and at times took place while the mother stood by laughing.

Mother Hit With Dozens of Charges

A California mother is facing 39 criminal charges after hosting a series of illegal parties for her teenage son and his mostly 14- and 15-year-old friends that regularly led to dangerous accidents and sexual assaults.

The mother, 47-year-old Shannon O’Connor, also known as Shannon Bruga, is currently awaiting extradition to Santa Clara County. According to The Mercury News, she was arrested Saturday in Ada County, Idaho, where she has a home in addition to her property in Los Gatos that is currently on the market.

Her criminal charges include 12 felony counts and 10 misdemeanor counts of child endangerment, one count of misdemeanor sexual battery, three counts of misdemeanor child molestation, and 13 misdemeanor counts of providing alcohol to minors.

“It took a lot of brave children to come forward and to untangle this deeply disturbing case,” Santa Clara County District Attorney Jeff Rosen said in a press release regarding the case. “As a parent, I’m shocked. As the DA, I’m determined to hold those adults who endanger children fully accountable to the law and our community.”

What Happened During the Parties?

Investigators claim O’Connor organized the functions, attended by as many as 20 teens, via text message and Snapchat. She would then allegedly supply the teens with alcohol and push them to binge drink, often to the point of illness or unconsciousness.

The harm that resulted from their intoxication included one teen breaking a finger and another almost drowning in a hot tub, among other serious situations.

In another instance, O’Connor let an unlicensed drunk teen drive her car. Her son and another one of his friends then hung off the back while it was moving, which caused the friend to fall, hit his head, and become unconscious for 30 seconds. He was later diagnosed with a concussion after spending the night vomiting.

O’Connor is additionally accused of manipulating and encouraging drunk teens to participate in sex acts with one another, which were sometimes non-consensual or carried out while she watched. In some cases, she allegedly laughed while the sexual acts happened or when assault victims asked her why she didn’t step in to help.

Investigators added that O’Connor required teens who attended her parties to keep them a secret. She’s even accused of helping them sneak out of their homes so she could drive them to her events. Authorities said she was found to have bullied at least one teen who she suspected of breaking the secret.

“Everyone should feel relieved this woman’s not on the street,” the parents of one assault victim told The Mercury News. “She was grooming these kids, setting them up for sexual acts, and she’s a mother and doing this to her own child. … I’ve been racking my brain trying to think what was in it for her.“

See what others are saying: (The Mercury News) (ABC 7) (CBS San Francisco)

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