Supreme Court's Busy Docket: Executions, Passports, and Marriage Equality Challenges

Supreme Court's Busy Docket: Executions, Passports, and Marriage Equality Challenges

The Supreme Court has remained active even after concluding oral arguments for October, issuing several notable rulings and handling a range of high-profile applications on its interim docket. According to SCOTUSblog, one of the most significant recent developments was the Court’s denial of two requests to halt the execution of Anthony Boyd in Alabama. This marked Boyd as the 40th person executed in the United States this year, highlighting an uptick in executions nationwide after a prior period of decline. Justice Sonia Sotomayor issued a dissent, joined by Justices Elena Kagan and Ketanji Brown Jackson, emphasizing the ongoing split on the Court regarding capital punishment. Sotomayor’s dissent argued that the Constitution would grant Boyd’s request for a less torturous method of execution, specifically by firing squad rather than nitrogen hypoxia, but the majority let the execution proceed.

The Court has also denied numerous emergency applications from death row inmates this year, granting none out of more than 30 reviewed so far. However, in cases that reached the merits docket, inmates have sometimes prevailed, with the Court in this term ruling in their favor in three separate cases by either sending matters back to lower courts or ordering new trials. In the upcoming term, the Court is set to revisit how courts should assess multiple IQ scores in determining intellectual disability claims for death penalty eligibility in the case Hamm v. Smith.

There is also ongoing attention surrounding several urgent applications awaiting action, including the Trump administration’s high-profile request to federalize and deploy the National Guard within Illinois, as well as proposals to shift federal rules for the sex markers listed on passports. Kelsey Dallas at SCOTUSblog notes that the Court’s interim docket remains robust, with the justices recently deciding a number of emergency matters. Notably, these included denying Alex Jones’ request to block enforcement of the $1.4 billion Sandy Hook defamation judgment, declining a Michigan man’s injunction plea over a law addressing terrorist threats, and turning away a challenge regarding vaccine opt-outs in California schools. Justices also rejected a challenge to execution procedures for death row inmates present in multiple cases.

Looking ahead, the Supreme Court is scheduled to consider whether to hear Kim Davis’ challenge to marriage equality at a private conference coming up in early November. Davis, the former Kentucky clerk who refused to issue marriage licenses to same-sex couples, seeks to challenge the landmark decision legalizing same-sex marriage nationwide. The Court rarely grants review of such cases without considering them at consecutive conferences, so Davis’ case will start this process soon.

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