In a separate statement, Justice Samuel A. Alito Jr., joined
by Justices Neil M. Gorsuch and Brett M. Kavanaugh, said that the inmates “were
convicted in federal court more than 15 years ago for exceptionally heinous
murders” and that “the government has shown that it is very likely to prevail”
when the case moves forward.
“Nevertheless,” Justice Alito wrote, “in light of what is at
stake, it would be preferable for the district court’s decision to be reviewed
on the merits by the Court of Appeals for the District of Columbia Circuit
before the executions are carried out.”
He wrote that he would have set a deadline for the appeals
court to act.
“The court has expressed the hope that the court of appeals
will proceed with ‘appropriate dispatch,’ and I see no reason why the court of
appeals should not be able to decide this case, one way or the other, within
the next 60 days,” Justice Alito wrote. “The question, though important, is
straightforward and has already been very ably briefed in considerable detail by
both the solicitor general and by the prisoners’ 17-attorney legal team.”
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