“If the tactics of Murphy’s attorneys in this case are not inexcusably dilatory, it is hard to know what the concept means,” Alito writes.
One point on which both Alito and Kavanaugh agree: prisoners facing execution should bring their claims to the high court much sooner — and not wait until the last minute.
“The claims raised by Murphy and Ray are important and may ultimately be held to have merit,” Alito writes. “Prisoners should bring such claims well before their scheduled executions so that the courts can adjudicate them in the way that the claims require and deserve and so that states are afforded sufficient time to make any necessary modifications to their execution protocols.”
“I fully agree with Justice Alito,” Kavanaugh says.