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Biden Fails a Death Penalty Abolitionist’s Most Important Test

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The mystery of Joe Biden’s views about capital punishment has finally been solved. His decision to grant clemency to 37 of the 40 people on federal death row shows the depth of his opposition to the death penalty. And his decision to leave three of America’s most notorious killers to be executed by a future administration shows the limits of his abolitionist commitment. The three men excluded from Biden’s mass clemency—Dylann Roof, Dzhokhar Tsarnaev, and Robert Bowers—would no doubt pose a severe test of anyone’s resolve to end the death penalty. Biden failed that test.

Federal Judge OKs Louisiana’s Request For No Executions Until At Least 2018

Louisiana's death chamber
Louisiana's death chamber
WASHINGTON — A federal judge on Tuesday approved Louisiana officials’ request that a stay on executions in the state be extended into 2018.

The delay was approved by U.S. District Court Judge James J. Brady in ongoing litigation brought by two death row inmates, Jessie Hoffman and Christopher Sepulvado.

The state had filed the unopposed request earlier in the day on Tuesday. Although Brady’s approval of the order is dated Tuesday, it was not posted on the court’s docket until Wednesday.

Prior to this week’s order, all proceedings in the case had been on hold through July 11, 2016.

“Counsel were in agreement that a continuance of the stay for another year was appropriate,” attorneys for the state wrote. However, “given that a twelve month stay would put all parties back in the position of dealing with a legislative session and possible conflicts resulting from same, it would be prudent to extend the stay for eighteen months or until approximately January 8, 2018.”

Brady granted the request, extending the stay through Jan. 8, 2018, on which date he scheduled a status conference in the case.

The lawsuit, initially brought in 2012, has been on hold since early 2014, with the stay of the case having been extended several times. In January 2014, Brady had denied the state’s motion to dismiss the case, holding that Hoffman and Sepulvado stated several claims in their complaint that, while they might not ultimately succeed, are “plausible on its face.” Brady allowed Eighth Amendment and equal protection claims brought by the inmates regarding the state’s lethal injection protocol and a claim seeking protections giving them access to the courts to proceed to trial.

Louisiana has only held two executions in the past 15 years, the most recent in 2010. As of Jan. 1, however, the state had more than 80 people on death row.

While the case currently only includes two of those people, others could join the challenge if the state attempted to set an execution date for them.

Source: Buzzfeed, June 2, 2016

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