18A815 Dunn v. Ray (02/07/2019)
Hakim Ray, facing death wanted his imam with him a the moment of death. Alabama offered him a Christian minister. The 11th Circuit granted a stay to hear the religious freedom argument. The Supreme Court 5-4 vacated the stay of execution. “A court may consider the last-minute nature of an application to stay execution in deciding whether to grant equitable relief.” Really.
Elena Kagan dissents, saying
Why couldn’t Ray’s imam receive whatever training in execution protocol the Christian chaplain received? The State has no answer. Why wouldn’t it be sufficient for the imam to pledge, under penalty of contempt, that he will not interfere with the State’s ability to perform the execution? The State doesn’t say. The only evidence the State has offered is a conclusory affidavit stating that its policy “is the least restrictive means of furthering” its interest in safety and security. That is not enough to support a denominational preference.
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