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      Read the Supreme Court’s Decision Allowing an Alabama Execution to Proceed

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      SMITH v. HAMM

      SOTOMAYOR, J., dissenting

      likelihood of success on the merits of his claim challenging Alabama’s undeterred implementation of its heavily redacted, 5-month-old protocol. The equities here, as in nearly all capital cases where the prisoner has shown a reasonable probability of success on the merits, favor Smith. See Bucklew, 587 U. S., at (SOTOMAYOR, J., dissenting). While I would grant the petition for a writ of certiorari and summarily reverse the Eleventh Circuit’s order affirming the denial of Smith’s preliminary-injunction motion, at a minimum, I would grant Smith’s request for a stay of execution.

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      Having failed to kill Smith on its first attempt, Alabama has selected him as its “guinea pig” to test a method of execution never attempted before. Barber, 600 U. S., at The world is watching.2 This Court yet again permits Alabama to “experiment . . . with a human life,” while depriving Smith of “meaningful discovery” on meritorious constitutional claims. Id., at _______. This time around, Alabama has adopted a new protocol concerning a never-before-used method of execution. Consistent with Alabama’s “familiar veil of secrecy over its capital punishment procedures,” it has released only a “heavily redacted” version of that protocol. 2024 WL 116303, *3. Smith should be allowed to complete discovery and litigate the merits of his claims challenging this new protocol in the ordinary course. That information is important not only to Smith, who has an extra reason to fear the gurney, but to anyone the State seeks

      2 See, e.g., US: Alarm Over Imminent Execution in Alabama, United Nations (Jan. 16, 2024), https://www.ohchr.org/en/press-briefing-notes/ 2024/01/us-alarm-over-imminent-execution-alabama; United States: UN Experts Alarmed at Prospect of First-Ever Untested Execution by Nitrogen Hypoxia in Alabama, United Nations (Jan. 3, 2024), https://www. ohchr.org/en/press-releases/2024/01/united-states-un-experts-alarmed

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      Supreme Court Declines to Stop Nitrogen Execution in Alabama

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      Both the Supreme Court and a federal appeals court denied stays sought by Kenneth Smith, who is scheduled to die on Thursday in the nation’s first nitrogen gas execution.The U.S. Supreme Court and a federal appeals court each declined on Wednesday to intervene to stop Alabama from conducting the nation’s first-ever execution by nitrogen gas, putting the state on track to use the novel method to kill a death row prisoner.Alabama plans to use nitrogen gas to kill Kenneth Smith, who was convicted of a 1988 murder, after the state botched its previous attempt to execute him by lethal injection in November 2022. Barring any additional legal interventions, prison officials plan to bring him to the execution chamber in Atmore, Ala., on Thursday evening, place a mask on his face and pump nitrogen into it, depriving him of oxygen until he dies.The Supreme Court declined to intervene in Mr. Smith’s appeal of a state court case, in which his lawyers had argued that the second execution attempt would violate his Eighth Amendment right to be free from cruel and unusual punishments. The court’s order did not include an explanation or note any dissents.Hours later, in response to a separate challenge by Mr. Smith’s lawyers, a federal appeals court also declined to halt the execution over the dissent of one of the three judges who had heard the case. Mr. Smith’s lawyers said they would also appeal that case to the Supreme Court, potentially giving the justices another chance to intervene, though they have been reluctant to do so in last-minute death penalty appeals in recent years.Nitrogen gas has been used in assisted suicide in Europe and elsewhere, and the state’s lawyers contend that the method — known as nitrogen hypoxia — is painless and will quickly cause Mr. Smith to lose consciousness before he dies.But Mr. Smith and his lawyers have said they fear the state’s newly created protocol is not sufficient to prevent problems that could cause Mr. Smith severe suffering. The lawyers said in court papers that if the mask were a poor fit, it could allow oxygen in and prolong Mr. Smith’s suffering, or if he becomes nauseous, he could be “left to choke on his own vomit.”The execution is scheduled to take place around 6 p.m. Central time at the William C. Holman Correctional Facility, though it could be carried out any time until 6 a.m. the next morning. Mr. Smith has recently reported feeling increasingly nauseous as his anxiety grows about the looming execution, raising his lawyers’ fears about a mishap during the execution. Alabama prison officials said this week that they do not plan to allow him to have any food after 10 a.m. on Thursday in an effort to lower the likelihood that he vomits.Abbie VanSickle More

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      Harris Begins a Reproductive Rights Tour on 51st Anniversary of Roe

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      The administration’s task force on reproductive rights also announced what officials said were new steps to help Americans get contraceptives and abortions under an emergency care law.Vice President Kamala Harris will travel to Wisconsin on Monday morning to host an event in support of abortion rights while President Biden brings together a task force on reproductive health care in Washington.Both events are designed to call attention to the 51st anniversary of Roe v. Wade, the landmark Supreme Court ruling that established a constitutional right to abortion, and to announce new steps that Mr. Biden’s administration has taken to support abortion access since the court struck it down in 2022.“Even as Americans — from Ohio to Kentucky to Michigan to Kansas to California — have resoundingly rejected attempts to limit reproductive freedom, Republican elected officials continue to push for a national ban and devastating new restrictions across the country,” Mr. Biden said in a statement. “On this day and every day, Vice President Harris and I are fighting to protect women’s reproductive freedom.”Ms. Harris, who has become the administration’s most vocal defender of abortion rights, chose Wisconsin as the backdrop for the first in a series of abortion rights events her office has planned around the country through the spring. Kirsten Allen, the vice president’s press secretary, said that Ms. Harris’s office had planned several more stops, over the next two to three months, in “states that have enshrined protections, restricted access and states that continue to threaten access, causing chaos and confusion.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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      Only Voters Can Truly Disqualify Trump

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      Intense debate has accompanied the decision by the Supreme Court to review the decision by Colorado’s highest court to bar Donald Trump from the state’s primary ballots based on Section 3 of the 14th Amendment — about the precise meaning of the word “insurrection,” the extent of Mr. Trump’s culpability for the events of Jan. 6 and other legal issues.I’m not going to predict how the Supreme Court will rule, or whether its ruling will be persuasive to those with a different view of the law. But there’s a critical philosophical question that lies beneath the legal questions in this case. In a representative democracy, the people are sovereign, and they express their sovereignty through representatives of their choice. If the courts presume to pre-emptively reject the people’s choice, then who is truly sovereign?The question of sovereignty was central to the purpose of the 14th Amendment in the first place. The Civil War — unquestionably an armed insurrection — was fought because of slavery. That was the reason for the war.But its justification was a dispute over sovereignty, whether it resided primarily with the people of the individual states or with the people of the United States, who had established the Constitution.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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      Biden Campaign Sharpens Its Post-Roe Message: Abortion Is About Freedom

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      In events next week, the president and vice president will argue that abortion access is crucial to personal freedoms, and warn of what is at stake if Donald J. Trump is re-elected.President Biden and Vice President Kamala Harris will headline events next week centered around protecting abortion rights, throwing more heft behind an issue that has galvanized voters in the 18 months since the Supreme Court struck down Roe v. Wade.On Monday, Ms. Harris will visit Wisconsin to begin a national tour focused on preserving access to reproductive health care as Republicans call for more restrictions. Then on Tuesday, she will join Mr. Biden at a rally for abortion rights in Virginia, where Democrats recently took control of the state legislature and have proposed to enshrine abortion protections in the state constitution.Ms. Harris offered a preview of the administration’s election-year messaging to Americans when she visited “The View,” the most popular daytime talk show in the country.“We are not asking anyone to abandon their personal beliefs,” she said during an appearance on Wednesday, adding that “the government should not be telling women what to do with their bodies.”The idea that preserving access to abortion is tantamount to preserving personal freedoms has been embraced by Biden administration officials, lawmakers and activists who hope it will energize a flagging base and draw independent voters into the fold. They also want to contrast the administration’s policies with the political peril that the Republican Party faces by embracing hard-line measures.“I start from the place that most Americans believe that women should have the freedom to make their own decisions about health care, including abortion, without government interference,” Senator Tina Smith, Democrat of Minnesota, who traveled to the Iowa caucuses as a surrogate for Mr. Biden, said in an interview. (About 69 percent of voters think abortion should be legal in the first three months of pregnancy, according to a Gallup poll last year.)We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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      Maine Secretary of State to Appeal Ruling on Her Decision to Exclude Trump From Ballot

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      Shenna Bellows said she intended to appeal the ruling by a state Superior Court judge that placed on hold her decision to exclude Donald Trump from the Republican primary ballot.Maine’s top election official said on Friday she intended to appeal the ruling by a state Superior Court judge this week that placed on hold her decision to exclude former President Donald J. Trump from the state’s Republican primary ballot.In a statement, the official, Secretary of State Shenna Bellows, said she welcomed the guidance of the U.S. Supreme Court, which is expected to hear arguments on a similar case on Feb. 8. But in the meantime, she said, she will seek the input of Maine’s highest court.“I know both the constitutional and state authority questions are of grave concern to many,” Ms. Bellows wrote in a short statement on Friday. “This appeal ensures that Maine’s highest court has the opportunity to weigh in now, before ballots are counted, promoting trust in our free, safe and secure elections.”In a ruling late Friday, the chief justice of Maine’s highest court, Valerie Stanfill, described the lower court’s order as “generally not appealable.” She ordered Ms. Bellows to provide an explanation by Tuesday on why an appeal should be not dismissed.Ms. Bellows, a Democrat elected by the State Legislature, ruled on Dec. 28 that Mr. Trump did not qualify for the state ballot in Maine because he engaged in insurrection by encouraging the attack on the U.S. Capitol on Jan. 6, 2021. The 14th Amendment disqualifies government officials who “engaged in insurrection or rebellion” from holding office.Her decision made Maine the second state to bar him from the ballot, after a Colorado court reached the same conclusion. Similar ballot challenges have been filed in at least 35 states; many remain unresolved though the primary season is already underway.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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      Ruth Bader Ginsburg’s Collars, Captured by Camera

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      An exhibit at the Jewish Museum features photos of collars worn by the late Supreme Court justice.Good morning. It’s Friday. We’ll look at an exhibition of photographs of the collars that Justice Ruth Bader Ginsburg wore. We’ll also look at a Manhattan Democrat whose City Hall hopes were dashed in 2021 but who is now looking into challenging Mayor Eric Adams in 2025.Kris GravesIn the soft stillness of a museum gallery, you could forget that the photographs on the walls around you were shot under time pressure.Six minutes each, the photographer Elinor Carucci told me.The photographs, on view at the Jewish Museum in Manhattan, are haunting, almost three-dimensional images of collars and necklaces that belonged to Justice Ruth Bader Ginsburg of the Supreme Court.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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      Trump Urges Supreme Court to Reverse Colorado Ballot Disqualification

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      The forceful brief was the former president’s main submission in his appeal of a ruling barring him from the Colorado primary ballot on the ground that he had engaged in insurrection.Former President Donald J. Trump urged the Supreme Court on Thursday to reverse a ruling barring him from the primary ballot in Colorado and to declare him eligible to seek and hold the office of the presidency.Mr. Trump’s brief, his main submission in an extraordinary case with the potential to alter the course of the presidential election, was a forceful recitation of more than half a dozen arguments about why the Colorado Supreme Court had gone astray in ruling him an insurrectionist barred from office by the Constitution.“The court should put a swift and decisive end to these ballot-disqualification efforts, which threaten to disenfranchise tens of millions of Americans and which promise to unleash chaos and bedlam if other state courts and state officials follow Colorado’s lead and exclude the likely Republican presidential nominee from their ballots,” the brief said.The case will be argued on Feb. 8, and the court will probably decide it quickly, perhaps by March 5, when many states, including Colorado, hold primaries.The case turns on Section 3 of the 14th Amendment. Adopted after the Civil War, it bars those who had taken an oath “to support the Constitution of the United States” from holding office if they then “shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”Congress can remove the prohibition, the provision says, but only by a two-thirds vote in each chamber.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More