Wednesday, July 23, 2014

Court Vacates Injunction Against Execution

The Supreme Court yesterday vacated the Ninth Circuit ruling over the weekend that ordered the delay of a scheduled execution until the condemned prisoner received details from the state about the method of execution. 

Recall that the condemned prisoner, Joseph Rudolph Wood III, argued that the state's failure to provide him information violated his First Amendment right to receive information about the method of execution.  The Ninth Circuit agreed--or at least agreed that he had a likelihood of success on the merits, or that he raised a "serious question" on the merits--and granted a preliminary injunction.

The Supreme Court's order vacates that ruling.  It means that the execution can go forward without the information.

The order was short and unsigned, with no real legal analysis:

The application to vacate the judgment of the United States Court of Appeals for the Ninth Circuit granting a conditional preliminary injunction, presented to Justice Kennedy and by him referred to the Court, is granted.  The district judge did not abuse his discretion in denying Wood's motion for a preliminary injunction.  The judgment of the United States Court of Appeals for the Ninth Circuit reversing the district court and granting a conditional preliminary injunction is vacated.

http://lawprofessors.typepad.com/conlaw/2014/07/court-vacates-injunction-against-execution.html

Cases and Case Materials, Courts and Judging, First Amendment, Fundamental Rights, News, Opinion Analysis | Permalink

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