Supreme Court Asked to Unconstitutionally Halt Texas Execution

By Douglas V. Gibbs

Hours before a death row inmate was to face execution in Texas on Wednesday, the attorneys for the man appealed to the U.S. Supreme Court to stop the execution.

Rick Perry didn't reply fast enough to halt the execution, and the lawyers felt it to be important enough to cry out to the United States Supreme Court.

Except, the Constitution does not give the federal government any authority to dictate to a State what it must do regarding the death penalty.

The reasoning for the appeal to the high court was regarding a question about race that was asked during the punishment phase of his capital murder trial. A psychologist told jurors that black criminals were more likely to pose a future danger to the public if they are released.

Rick Perry is an ardent supporter of capital punishment, and currently a GOP candidate for President. During Perry's 11 years as governor, 235 convicted killers have been put to death in Texas. He has halted only four executions, including one for a woman who was later put to death.

Perry's actions are being closely watched by death penalty opponents, especially after he said during a presidential debate that he has never been troubled by any of the executions he's overseen as governor.

The Texas Board of Pardons and Paroles, all of whom are Perry appointees, denied Buck's clemency request. The 5th U.S. Circuit Court of Appeals, who took the case unconstitutionally, rejected his appeal as well.

The argument that the case was "tainted by considerations of race" after the psychologist testified apparently was not enough for the parties able to stop the execution from taking action, until Thursday night.

The prisoner, Duane Buck, wound up receiving a 30-day reprieve in Texas on Thursday night, but a series of legal obstacles remains before his execution can be commuted to a life sentence.

The execution would have been the second this week had it of taken place, and the 11th this year in Texas. Two more Texas prisoners are set to die next week.

-- Political Pistachio Conservative News and Commentary

Supreme Court Asked to Halt Texas Execution - CBS News

Duane Buck: What Happens Next? - Guardian U.K.