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Arkansas Supreme Court Decision Allows New DNA Testing in Case of the ​“West Memphis Three,” Convicted of Killing Three Children in 1993

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On April 18, 2024, the Arkansas Supreme Court decided 4-3 to reverse a 2022 lower court decision and allow genetic testing of crime scene evidence from the 1993 killing of three eight-year-old boys in West Memphis. The three men convicted in 1994 for the killings were released in 2011 after taking an Alford plea, in which they maintained their innocence but plead guilty to the crime, in exchange for 18 years’ time served and 10 years of a suspended sentence. 

McConnell says Trump’s nominee to replace Ginsburg ‘will receive a vote’ in the Senate

The Senate majority leader, Mitch McConnell of Kentucky, said late Friday that he would move forward with President Trump’s nominee to replace Justice Ruth Bader Ginsburg on the Supreme Court.

“Americans re-elected our majority in 2016 and expanded it in 2018 because we pledged to work with President Trump and support his agenda, particularly his outstanding appointments to the federal judiciary,” Mr. McConnell said in a statement. “Once again, we will keep our promise. President Trump’s nominee will receive a vote on the floor of the United States Senate.”

Mr. McConnell was notably unclear, however, about the timing, whether he would push for such a vote before the election or wait until a lame-duck session afterward. Several of his members face tough election contests and might balk at appearing to rush a nominee through in such highly political conditions.

There was immediate reaction from a few Republican senators calling for a quick confirmation and vote before Election Day.

“I believe that the president should next week nominate a successor to the court, and I think it is critical that the Senate takes up and confirms that successor before Election Day,” Senator Ted Cruz of Texas said in an interview on Fox News. “This nomination is why Donald Trump was elected.”

Senators Martha McSally of Arizona and Kelly Loeffler of Georgia, two of the most endangered Republican senators facing re-election, each posted statements to Twitter calling for the Senate to vote on Justice Ginsburg’s replacement.

Still, stunned Republicans expressed initial skepticism on Friday night that Mr. McConnell would find enough votes to confirm a new justice in the weeks before the election. And some of them thought Mr. McConnell would also be unable to do so in a lame-duck session if Republicans lose the White House and control of the Senate.

Two former Senate Republican leadership aides close to Mr. McConnell read the concluding sentence of his statement — “President Trump’s nominee will receive a vote on the floor of the United States Senate” — to mean that he was not committed to pushing through the confirmation before the election and may wait until the lame-duck session.

Privately, some party strategists warned that if Democrats won the presidency and the Senate and Republicans seated a new justice before Joseph R. Biden Jr. and the new Senators were sworn in, Democrats would exact retribution by ending the filibuster and moving to pack the Supreme Court.

Democrats, for their part, moved swiftly to warn Republicans against a hasty confirmation process — echoing Mr. McConnell’s own comments from 2016.

“While no one will ever truly be able to replace Justice Ginsburg, a new president should fill the vacancy,” said Senator Amy Klobuchar of Minnesota, a member of the Judiciary Committee. “Just like Mitch McConnell said.”

Source: nytimes.com, Peter Baker, Reid J. Epstein and Jonathan Martin, September 19, 2020


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