Conservative Justices Suddenly Discover Limits to Religious Liberty

They could make a ruling that reasonable religious requests of condemned men should be granted if practicable, as is their right under the 1A. Then, if a sneaky death row inmate tries to delay his trial by requesting a pastors hand on his knee, then the Texas officials, following the guidance of the SCOTUS, will say, “ok.” And no delay will happen.

This is death penalty litigation. Anything that can be litigated will be litigated and for as long as humanly possible. We literally have defense attorneys advising mentally ill death row clients to refuse to take psychotropic medications so it can be argued they are too "insane" to execute. This is a level of ruthlessly focused extreme litigation seldom seen in other contexts. These defense attorneys can come up with 500 religious requests that the Texas officials would object to before breakfast, and would happily litigate every single one of them.

Right now they have a bright line rule. No visitors of any kind in the death chamber. The pastor can be with him before that and conduct religious services, etc. The SCOTUS justices were correct. Once that bright line rule is broken all bets are off and there will be a flood of new death penalty litigation. It is inevitable.

When the litigation is over your client dies. That is a very powerful incentive to find things to litigate about.

/r/moderatepolitics Thread Parent Link -