#SCOTUS shadow docket may be walking into its next “Dunn v. Ray” crisis. This time it would be the disparate execution of a Black inmate, instead of a Muslim.

#SCOTUS is currently considering the petition of Orlando Hall, a black man scheduled to be executed this evening.

If #SCOTUS refuses to issue a stay, he will die.

Yet a federal court has stopped the execution of a white woman, Lisa Montgomery, raising the same claims.

Both Orlando Hall and Lisa Montgomery are seeking to stay execution because the federal government has deprived them of any meaningful opportunity to seek clemency—a right that is protected by federal law. COVID has made it completely impossible to do the investigation needed.

In fact, despite COVID, the federal government gave Mr. Hall just 50 days’ notice of his execution.

This is the shortest amount of time provided in the modern history of the federal death penalty.

Ms. Montgomery, who is white, was just issued a stay so that she has an opportunity to do that investigation.
Again, it’s a right protected by federal law.

Mr. Hall, who is black, was denied that stay.

FLASHBACK: In 2019 when #SCOTUS let a Muslim man be executed without a spiritual advisor because the prison’s rules allowed only Christian chaplains.

The law was indefensible and #SCOTUS didn’t say otherwise.

The next week, #SCOTUS intervened to stay a Buddhist man’s identical claim. As most commentators agreed, the Court’s blind spot here was “horrifying.” @leahlitman https://takecareblog.com/blog/relitigating-dunn-v-ray

#SCOTUS itself was clearly caught off guard. It took the unprecedented step of trying to explain itself in published opinions after the fact.

@WilliamBaude described it here: https://reason.com/volokh/2019/04/12/death-and-the-shadow-docket/

The racial disparity in this case is particularly striking given that race has infected Mr. Hall’s death sentence since the start.

The prosecutor who tried Mr. Hall has multiple times been ADJUDICATED to strike jurors based on their race. That violates the federal constitution.

Adjudicated by who you ask? Oh, by #SCOTUS in a case called Miller-El v. Dretke.

Oh, he was also adjudicated to use racist juror selection again later, in a different case, by the by the Fifth Circuit.

Same guy prosecuted Mr. Hall. He struck 4 of the 5 black jurors.

Mr. Hall was sentenced to die by an all white juror.

NO COURT HAS EVER REVIEWED THIS CLAIM.

@NAACP_LDF Has filed a powerful brief outlining the degree to which Mr. Halls death sentence was influenced by race.

https://www.naacpldf.org/wp-content/uploads/20201118-009.-Mot.-for-Leave-to-File-Amicus-Br.pdf

@Sifill_LDF @JLee_LDF @ChrisKemmitt @SamSpital