In a Missouri death row case on Monday, Justice Neil Gorsuch, perhaps reacting to sharp criticism of the court’s refusal to delay the execution of an inmate who wanted his imam present in the death chamber, appeared to impose a new and higher bar on last-minute execution stays, drawing a rebuke from Justice Sonia Sotomayor.

“Last-minute stays should be the extreme exception, not the norm, and ‘the last-minute nature of an application’ that ‘could have been brought’ earlier, or ‘an applicant’s attempt at manipulation,’ ‘may be grounds for denial of a stay,’” Gorsuch wrote in his 5-4 majority opinion in Bucklew v. Precythe.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]