Supreme Court reverses Ninth Circuit in lethal injection case

July 22

That was fast. The Supreme Court has reversed the Ninth Circuit’s decision in Ryan v. Wood, the lethal injection case. The order states:

The application to vacate the judgment of the United States Court of Appeals for the Ninth Circuit granting a conditional preliminary injunction, presented to Justice Kennedy and by him referred to the Court, is granted. The district judge did not abuse his discretion in denying Wood’s motion for a preliminary injunction. The judgment of the United States Court of Appeals for the Ninth Circuit reversing the district court and granting a conditional preliminary injunction is vacated.

UPDATE: I assume that, as a matter of precedent, this takes the Ninth Circuit decision off the books but does not actually decide the underlying issues of First Amendment law or remedies law.

Thanks to Greg Dolin for the link.

Orin Kerr is the Fred C. Stevenson Research Professor at The George Washington University Law School, where he has taught since 2001. He teaches and writes in the area of criminal procedure and computer crime law.
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