http://live.scotusblog.com/Event/Live_blog_of_orders_and_opinions__June_29_2015

#waitingforLyle

Live blog of orders and opinions | June 29, 2015


Good morning, everyone! Welcome to our live blog. We are delighted to be back here for what could be the final live blog of the Term.
by Amy Howe 8:11 AM
? 5
This is the one day in which I can say, with a fair amount of confidence, that we *do* know which opinions we are getting today. We expect decisions in Glossip v. Gross (the challenge to Oklahoma's lethal injection procedure and in particular its use of midazolam, a sedative); Utility Air Group v. EPA (Clean Air Act and when EPA must consider costs); and Arizona Legislature v. Arizona Independent Redistricting Commission (whether Arizona voters can transfer power over federal congressional districting to an independent commission).

- See more at: http://live.scotusblog.com/Event/Live_blog_of_orders_and_opinions__June_29_2015#sthash.96du5wWh.dpuf

The Court rules that the death-row inmates have failed to establish a likelihood of success on the merits on their claim that the use of midazolam violates the Eighth Amendment. - See more at: http://live.scotusblog.com/Event/Live_blog_of_orders_and_opinions__June_29_2015#sthash.9WsCVpmv.dpuf

Dissenters: RBG, Sotomeyer, Kagan and Breyer

There is a very important part of the Court's opinion: it holds that the inmates did not prove that midazolam was cruel and unusual when compared to known and available alternatives. The inmates had argued that the state could use pentobarbital or sodium thiopental, but the Court holds today that those drugs are unavailable. The inmates argued that they shouldn't have to plead an alternative, but the Court rejected that argument.

Justice Breyer, joined by RBG, would ask for broader briefing on whether the death penalty is constitutional. That's major. But they obviously do not have the votes for that.
- See more at: http://live.scotusblog.com/Event/Live_blog_of_orders_and_opinions__June_29_2015#sthash.9WsCVpmv.dpuf