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How the Supreme Court handles death cases

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Supreme Court of the United States decisions to allow inmates to be put to death or to grant a rare reprieve often come at the last minute, and sometimes after the appointed hour of execution has come and gone.

That was the case Tuesday night in Georgia, where Marcus Wellons was pronounced dead just before midnight, nearly five hours after he was scheduled to be executed.

But there is less mystery to the high court process than one might think:

The "death clerk"

The justices and their clerks know well in advance when executions are scheduled and where. A court official informally known as the death clerk sends around a weekly update and is in frequent contact with lawyers for inmates and the states as the date of execution nears.

As lawyers for condemned inmates press the case for delay in state and lower federal courts, the Supreme Court receives information about developments and, eventually, copies of those decisions.

Late filings

Very often those lawyers bring those arguments or similar ones the highest court in the country in a final attempt to save their clients' lives. On Tuesday, for instance, lawyers for Wellons and the state of Georgia were filing legal papers at the Supreme Court well into the evening.

The justices' rejection of Wellons' various appeals was issued roughly an hour after the last filing was submitted. And Wellons was executed just over an hour later.

Fateful decisions

When an emergency appeal reaches the Supreme Court, it is directed to the justice who oversees the state in which the execution is scheduled. But death penalty appeals almost always are referred to the entire court.

The justices typically do not meet in person to discuss these cases, but confer by phone, and sometimes through their law clerks, according to the court's guide to emergency applications.

It takes five justices, a majority of the court, to issue a stay. The overwhelming bulk of last-minute appeals are denied, and often without comment.

Occasionally, one or more justices will dissent from the decision to let the execution take place. Even more rarely, a justice will explain why.

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  1. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  2. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  3. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

  4. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  5. Tina has left the building.

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