Supreme Court wont delay Louisiana execution as Gorsuch, liberal justices dissent
The Supreme Court in a 5-4 vote declined to stop Louisiana from carrying out its first execution in 15 years later Tuesday with Justice Neil Gorsuch joining the court's three liberal justices in agreeing to delay it.
Jessie Hoffman, 46, is set to be executed for the 1996 kidnapping, rape and murder of Molly Elliott, making Louisiana the second state to carry out an execution by nitrogen gas. The Supreme Court has also declined to step in since Alabama began employing the method last year.
Five of the court’s conservatives — Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, Brett Kavanaugh and Amy Coney Barrett — refused Hoffman’s final appeal to delay his execution without comment.
The three liberal justices dissented in that decision, joined by Gorsuch, President Trump’s first appointee to the court.
Though the liberal justices did not explain their reasoning, Gorsuch in a written dissent said he would’ve sent the case back to a lower court for another look at Hoffman’s claims that Louisiana’s nitrogen hypoxia method substantially burdens his right to practice his Buddhist faith under the Religious Land Use and Institutionalized Persons Act (RLUIPA) of 2000.
Hoffman noted in his application that meditative breathing at the time of death carries profound spiritual significance in the Buddhist tradition. Gorsuch said a lower court was wrong to make its own finding “about the kind of breathing Mr. Hoffman’s faith requires” in rejecting his claims.
“The Court of Appeals failed to confront the district court’s apparent legal error — or even to mention the RLUIPA claim Mr. Hoffman pressed on appeal. Perhaps that claim ultimately lacks merit. But the Fifth Circuit’s unexplained omission leaves this Court poorly positioned to assess it,” Gorsuch wrote.
The Supreme Court rarely intervenes on an emergency basis to stop executions, having already denied several requests since the start of the year.
In court filings, the Louisiana attorney general’s office insisted Hoffman had improperly waited until the last minute to file the appeal and the state wasn’t violating his protected rights.
“Plaintiff has never argued that there is a legally appreciable difference between his breathing as he fades into unconsciousness by nitrogen hypoxia and his breathing as he would fade into unconsciousness after being shot by a firing squad,” the state attorney general’s office wrote in court filings.
Topics
-
Louisiana Resumes Capital Punishment With First Nitrogen Execution
Jessie Hoffman was put to death on Tuesday after the Supreme Court declined to intervene. It was the state’s first execution since 2010.The New York Times - 4h -
Supreme Court justice's sister receives bomb threat at her home: Police
The sister of Supreme Court Justice Amy Coney Barrett was targeted with a bomb threat on March 8, according to the Charleston Police Department.ABC News - 5d -
Trump brings birthright citizenship argument to Supreme Court
The Trump administration asked the Supreme Court for an emergency intervention Thursday limiting lower court rulings that are blocking President Trump's plans to restrict birthright citizenship. ...The Hill - 5d -
Trump says Supreme Court justices 'get weak' in lambasting unfavorable coverage
President Trump on Friday lamented that Supreme Court Justices “can’t really fight back” and “get weak” in the face of unfavorable media coverage as he railed against what he framed as "horrible" ...The Hill - 4d -
5 takeaways from the feisty Wisconsin Supreme Court debate
Wisconsin Supreme Court candidates Susan Crawford and Brad Schimel traded barbs and defended their track records on Wednesday night during their only debate for an open seat on the high court. ...The Hill - 6d -
Trump’s Birthright Citizenship Order Reaches the Supreme Court
Trump administration lawyers asked the justices to limit the sweep of decisions by three lower courts that issued nationwide pauses on the policy.The New York Times - 5d -
Louisiana puts man to death in state's first nitrogen gas execution
Jessie Hoffman Jr., 46, was put to death Tuesday evening in Louisiana's first execution in 15 years.CBS News - 2h -
Top US Supreme Court justice rebukes Trump's call to impeach judge
Chief Justice John Roberts issued a rare statement after Trump called for a judge that halted his deportations to be impeached.BBC News - 12h -
Louisiana executes man with nitrogen gas after 15-year pause
Louisiana put a condemned man to death using nitrogen gas in its first execution since 2010, making it only the second state to administer the controversial method.NBC News - 12h
More from The Hill
-
Sanders: Roberts knows ‘the danger of a president' who doesn't 'respect the Constitution'
Sen. Bernie Sanders (I-Vt.) said Tuesday that he believes Supreme Court Chief Justice John Roberts knows “the danger of a president” who doesn’t “respect the Constitution” after pushback from ...The Hill - 1h -
Voters boo Nebraska Republican over Musk, Ukraine, Trump tariffs during raucous town hall
Rep. Mike Flood’s (R-Neb.) town hall turned raucous Tuesday night as he fielded questions from voters about Elon Musk, President Trump’s tariffs, the White House’s posture towards Ukraine and more, ...The Hill - 1h -
Deadline approaches for claiming $1,400 stimulus check from 2021
The deadline is approaching for the more than 1.1 million Americans who have yet to claim their $1,400 stimulus check from the pandemic-era relief. The deadline to claim a stimulus check is April ...The Hill - 2h -
Officials detain immigration activist who sheltered in church in 2017
Jeanette Vizguerra, a Colorado advocate for immigrants who sheltered in a church for months in 2017, was detained by officials on Monday, local advocates said. The Colorado Immigrant Rights ...The Hill - 3h -
Starliner astronauts Suni Williams, Butch Wilmore return to Earth after 9 months in space
Astronauts Suni Williams and Butch Wilmore made splashdown on Earth on Tuesday after spending nine months in space. A SpaceX crew with replacements for the two astronauts arrived at the ...The Hill - 4h
More in Politics
-
Sanders: Roberts knows ‘the danger of a president' who doesn't 'respect the Constitution'
Sen. Bernie Sanders (I-Vt.) said Tuesday that he believes Supreme Court Chief Justice John Roberts knows “the danger of a president” who doesn’t “respect the Constitution” after pushback from ...The Hill - 1h -
Voters boo Nebraska Republican over Musk, Ukraine, Trump tariffs during raucous town hall
Rep. Mike Flood’s (R-Neb.) town hall turned raucous Tuesday night as he fielded questions from voters about Elon Musk, President Trump’s tariffs, the White House’s posture towards Ukraine and more, ...The Hill - 1h -
Federal judge blocks Trump transgender military ban
A federal judge has blocked President Trump's executive order which would prevent transgender people from serving in the military.NBC News - 2h -
Family members of migrants deported to El Salvador mega prison speak out
Family members who suspect their loved ones were sent to El Salvador's mega prison fear they are wrongly being accused of being members of a Venezuelan gang. NBC News' Julia Ainsley has the details ...NBC News - 2h -
Deadline approaches for claiming $1,400 stimulus check from 2021
The deadline is approaching for the more than 1.1 million Americans who have yet to claim their $1,400 stimulus check from the pandemic-era relief. The deadline to claim a stimulus check is April ...The Hill - 2h