Kagan's Scathing Death Row Dissent Highlights Central Voice on Religion
Conservative and liberal critics, forming an unusual alliance, have widely assailed the Supreme Court's order allowing an Alabama inmate's execution to go forward.
February 12, 2019 at 10:56 AM
5 minute read
Justice Elena Kagan's stinging dissent last week backing an Alabama death row inmate who was executed despite an unresolved religious discrimination claim highlighted her evolving role as a key voice in religion-related cases at the U.S. Supreme Court.
The high court's conservative majority permitted the execution of a Muslim inmate named Domineque Ray, who had argued his imam should be permitted to be with him in the death chamber at the end of his life. The justices, ruling 5-4, overturned a stay of execution entered by the U.S. Court of Appeals for the Eleventh Circuit.
The appellate court had concluded there was a “substantial likelihood” that the Alabama prison's policy allowing only Christian clergy to accompany inmates violated the establishment clause. The Supreme Court, denying the stay, gave no reason but its order did suggest the inmate's claim was a last-minute attempt to delay execution. Kagan called the decision “profoundly wrong” in a dissent that was joined by justices Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
Trending Stories
- 1The Law Firm Disrupted: For Big Law Names, Shorter is Sweeter
- 2Wine, Dine and Grind (Through the Weekend): Summer Associates Thirst For Experience in 'Real Matters'
- 3The 'Biden Effect' on Senior Attorneys: Should I Stay or Should I Go?
- 4'That's Disappointing': Only 11% of MDL Appointments Went to Attorneys of Color in 2023
- 5'You Are Not Alone': 120 Sex Assault Victims Plan to Sue Sean 'Diddy' Combs
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250