Splintered DC Circuit Vacates Injunction Against Federal Executions
Last November, a federal district judge in DC enjoined all federal executions based on a statute requiring use of the “manner” of execution provided by the law of the state where the conviction was rendered. See this post. Today, a splintered three-judge panel of the U.S. Court of Appeals for the D.C. Circuit vacated the injunction, for now. The division on the panel clearly requires further review, and the court on its own motion stayed the issuance of its mandate to allow it. Continue reading . . .

Initially, the 8-1 vote in Kansas v. Glover, noted earlier today, was somewhat surprising. Reading through the three opinions in the case, we see some important differences that go beyond the result on the sparse facts of this case.