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Alex Klein

@alexklein.bsky.social
1.3K followers 910 following 491 posts

Associate Professor of Law at W&L Law. Death Penalty, Criminal Law, Criminal Procedure. RPCV Moldova 🇲🇩2008-2010. She/Her. All views my own. papers.ssrn.com/sol3/cf_dev/AbsByAu…

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Reposted by Alex Klein
ProPublica @propublica.org · 1h
Records obtained by ProPublica show Georgia is spending far more on lethal injections than it was in the past. “You wouldn’t have to pay this much money if the lethal injection process was an acceptable one,” a legal expert said.
propublica.org
This State Is Spending More on Lethal Injections. A Law Tries to Keep the Details Secret.
As Georgia plans for its first execution in two years, a trove of records provides us with new information — and raises new questions — about the state’s lethal injection process.
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Alex Klein @alexklein.bsky.social · 8h
Michael Smith and I are at it again--this time, with "CertiorarAI," forthcoming in the Washburn Law Journal, in which we offer a satirical proposal that the Supreme Court should use AI to determine which cases it should hear.
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Reposted by Alex Klein
Bill Grueskin @bgrueskin.bsky.social · 22h
Nashville Banner reporter Steven Hale, describing how prison officials kept drawing the curtain to hide how badly they were botching this: “A lot of this execution — or attempted execution, whatever it was — happened when we could not see what was going on.”
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Reposted by Alex Klein
Liliana Segura @lilianasegura.bsky.social · 13h
If you want some backstory as to TN and lethal injection. I wrote at length in 2018 as TN sought to restart executions using a new protocol — a method it has since replaced. It’s not an exaggeration to say that when it comes to lethal injection, states have always been making it up as they go along.
theintercept.com
Chilling Testimony in a Tennessee Trial Exposes Lethal Injection as Court-Sanctioned Torture
The trial was a case study in the twisted legacy of Glossip v. Gross — and a chilling look at the botched executions that continue amid little controversy.
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Reposted by Alex Klein
Steven Hale @iamstevenhale.bsky.social · 21h
I got back home a bit ago from Tennessee's execution of Christa Pike. We sat in the witness room for nearly 2 and a half hours as she received two rounds of pentobarbital. She was taken away in an ambulance shortly after that and I can't say for sure if she is dead or alive at this moment.
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The Associated Press @apnews.com · 20h
BREAKING: Tennessee governor puts a halt on executions after inmate Christa Gail Pike survives a lethal injection attempt.
bit.ly
Tennessee governor halts executions after inmate survives lethal injection attempt
Media witnesses say Tennessee officials were unable to carry out the execution of Christa Gail Pike for a 1995 murder on Wednesday.
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Reposted by Alex Klein
Nashville Banner @nashvillebanner.bsky.social · 20h
Christa Pike, who was supposed to be the first woman executed in Tennessee in more than 200 years, is still alive after the state tried and failed to execute her on Wednesday. TDOC officials refused to comment after the state’s second failed execution this year. nashvillebanner.com/2026/09/30/c...
nashvillebanner.com
Christa Pike survives botched lethal injection attempt - Nashville Banner
Tennessee attempted to execute Christa Pike for a 1995 murder, but the lethal injection failed. Pike survives and was moved to a medical facility.
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Reposted by Alex Klein
Steven Hale @iamstevenhale.bsky.social · 30/09/2026
Christa Pike’s attorneys say the 6th Circuit Court of Appeals has issued a stay of execution. News spreading now outside Riverbend Maximum Security Institution, where the execution is scheduled for 10am.
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Reposted by Alex Klein
Liliana Segura @lilianasegura.bsky.social · 28/09/2026
Gov. Bill Lee has rejected clemency for Christa Pike. Her lawyers say they are "heartbroken." "Christa will be the first person Tennessee executes in the modern death penalty era who was a teenager at the time of the offense and the first woman executed by the state in more than 200 years."
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Reposted by Alex Klein
fox5dc.bsky.social @fox5dc.bsky.social · 29/09/2026
Justin Wolfe has accepted a plea deal in connection with the 2001 drug-related killing of 21-year-old Danny Petrole, bringing an end to decades of legal battles and two previous trials.
bit.ly
Man accepts plea deal in 2001 Northern Virginia drug-related murder
Justin Wolfe has accepted a plea deal in connection with the 2001 drug-related killing of 21-year-old Danny Petrole, bringing an end to decades of legal battles and two previous trials.
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Reposted by Alex Klein
Death Penalty Information Center @deathpenaltyinfo.org · 23/09/2026
New Death Sentences for Defendants Under Age 21 Have Virtually Vanished — Yet Three of Them Are Scheduled for Execution This Month #deathpenalty deathpenaltyinfo.org/new-death-se...
deathpenaltyinfo.org
New Death Sentences for Defendants Under Age 21 Have Virtually Vanished—Yet Three of Them Are Scheduled for Execution This Month | Death Penalty Information Center
The death penal­ty has been uncon­sti­tu­tion­al for juve­niles since 2005, when the U.S. Supreme Court ruled that peo­ple under age 18 lack the impulse...
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Reposted by Alex Klein
Phil Lewis @phillewis.bsky.social · 22/09/2026
A federal judge has ordered Texas to air condition all of the state’s prisons by the end of 2029 High temperatures violate the Constitution’s protection against cruel and unusual punishment, the judge ruled.
texastribune.org
Texas ordered to air condition all prisons by the end of 2029
High temperatures violate the Constitution’s protection against cruel and unusual punishment, the judge ruled. Just over a third of Texas prisons are fully air conditioned.
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Reposted by Alex Klein
Lee Hedgepeth @leehedgepeth.bsky.social · 18/09/2026
Here is my eyewitness account of Alabama's lethal injection execution of Jeffery Lee.
treadbylee.com
‘The Way We Respond’: The Execution of Jeffery Lee
Jeffery Lee fought the state’s effort to execute him by nitrogen suffocation and won. On Thursday, Alabama executed Lee by lethal injection instead.
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Reposted by Alex Klein
Hannah Riley Fernandez @hannahcrileyy.bsky.social · 17/09/2026
the prosecutor in the execution that was just stayed is really saying the quiet part out loud about what the common threads of landing on death row are -- these things are exactly what the Survivor Justice Act are meant to respond to!
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Reposted by Alex Klein
ProPublica @propublica.org · 08/09/2026
NEW: Since the start of the COVID-19 pandemic, Georgia has made payments of more than $1.1 million for at least one contractor to work with the Corrections Department on its lethal injection process. The state performed just one execution in that period.
propublica.org
This State Is Spending More on Lethal Injections. A Law Tries to Keep the Details Secret.
As Georgia plans for its first execution in two years, a trove of records provides us with new information — and raises new questions — about the state’s lethal injection process.
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Reposted by Alex Klein
Quinn Yeargain @yeargain.bsky.social · 31/08/2026
I'm very happy to announce that I'm hosting the THIRD Annual Democracy and Public Law Works-in-Progress Conference at Michigan State from April 2–3, 2027. The registration portal is below, where there's additional information about the schedule and timing. msu.co1.qualtrics.com/jfe/form/SV_...
the entrance to the Michigan State University College of Law
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Alex Klein @alexklein.bsky.social · 27/08/2026
I've appreciated DPIC's work so much, so having a forthcoming article of mine featured as something of interest is really exciting.
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Reposted by Alex Klein
NPR @npr.org · 26/08/2026
Curry will be most remembered for his role as Dr. Frank-N-Furter, the tyrannical gender-bending alien scientist in both stage and screen versions of The Rocky Horror Picture Show. He was 80. n.pr/3SzX6X8
n.pr
Tim Curry, who defined 'The Rocky Horror Picture Show,' has died
Curry will be most remembered for his role as Dr. Frank-N-Furter, the tyrannical gender-bending alien scientist in both stage and screen versions of The Rocky Horror Picture Show. He was 80.
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Reposted by Alex Klein
Library of Congress @librarycongress.bsky.social · 25/08/2026
The Library is devastated to learn of the passing of Dolly Parton, a music legend and titan of children's literacy. Her Imagination Library program has earned multiple Library Literacy Awards and, in 2018, she visited us to donate its 100 millionth book to our collection and host a story time. 🦋❤️
Dolly Parton reads to children in the Library’s Great Hall in 2018. Photo by Shawn Miller.
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Reposted by Alex Klein
Quinn Yeargain @yeargain.bsky.social · 25/08/2026
The AALS Section on State Constitutional Law has two calls for papers for the 2027 AALS Meeting: * Emerging Issues in State Constitutional Law (January 6 at 8 AM) * Works-in-Progress Panel (January 6 at 1 PM) Submissions due by September 11; calls are linked here: connect.aals.org/discussion/2...
Emerging Issues in State Constitutional Law

Though the modern focus on state constitutions really began in the 1970s, state constitutions have taken on new relevance in the modern era. As the protection of some rights and liberties has eroded at the federal level, advocates have seen success at the state level, either with judicial decisions or formal constitutional amendments. Voters have successfully used their powers of initiative and referendum to adopt far-reaching reforms to their state governments—perhaps most notably, to create nonpartisan redistricting commissions. Today, as democracy and representative government both face threats, new issues continue to arise. The Section invites potential contributors to reflect on some of the modern issues that relate to state constitutions, which may include answers to the following questions:
• How effective has the move to litigate rights under state constitutions been? What interpretative modalities should judges use when construing state constitutional rights? 
• How should judges undertake the task of deciding questions under state systems of separated powers? Here, too, what is the appropriate modality for answering these questions? 
• Can state constitutions be used to thwart power plays at the state level? Is there a risk that they may encourage certain power plays? 
• What can state constitutions do to respond to abuses by the federal government?

Submissions should be sent to the Chair-elect of the Committee, Quinn Yeargain, at yeargain@law.msu.edu, by Friday, September 11, 2026, at 11:59 PM. Please indicate “AALS Emerging Issues Submission [LASTNAME]” as the subject line of the email. Submissions should include abstracts of no more than 500 words summarizing what the contributor will discuss. The submission does not have to relate to a forthcoming work or a work-in-progress, although it may. In the body of the email, please include your name and institution (and your affiliation).
Works-in-Progress Panel 

The Section invites submissions of early-, mid-, and late-stage works-in-progress, which may relate to any aspect of state constitutional law. Preference will be given to earlier-stage faculty members, fellows, and VAPs, though all are invited to submit. Submissions should be sent to the Chair-elect of the Committee, Quinn Yeargain, at yeargain@law.msu.edu, by September 11, 2026. Please indicate “AALS WIP Submission [LASTNAME]” as the subject line of the email. 

Submissions should include abstracts of no more than 500 words. In the body of the email, please include your name, your name, institution (and your affiliation), and the state of the project (e.g., early-stage or final draft).
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Reposted by Alex Klein
Michael Smith @msmith750.bsky.social · 24/08/2026
My article, "A Holistic Approach to State Constitutional Punishment Provisions," is forthcoming in the Hofstra Law Review! papers.ssrn.com/sol3/papers.... I argue that state constitutional Eighth Amendment analogs should be interpreted in their often complex constitutional context.
A Holistic Approach to State Constitutional Punishment Provisions
55 Hofstra Law Review (forthcoming 2027)

59 Pages Posted:
Michael L. Smith
University of Oklahoma - College of Law

Date Written: August 24, 2026

Abstract
Mass incarceration and overcriminalization arise at all levels of the criminal legal system and disproportionately impact communities of color, those who are economically disadvantaged, and others who face social and political prejudice. The Supreme Court’s Eighth Amendment doctrine is of little help. Yet, despite the Eighth Amendment’s failings, state constitutional Eighth Amendment analogs may hold some promise for criminal defendants and those pursuing reform. This article adds to a new, but growing, body of scholarship on state constitutional analogues to the Eighth Amendment and their potential for supporting challenges to systems of mass incarceration and criminalization. Specifically, I argue that courts and advocates should take a holistic approach to punishment provisions and interpret state constitutional punishment provisions in the context of other, relevant provisions. As it turns out, there are hundreds of relevant provisions available to enrich the analysis.

State constitutional provisions regarding the purposes of criminal punishment, rights to education, inalienable rights, and many, many more may support arguments for interpreting state bans on cruel and unusual punishment in a more protective and sweeping manner than limited Eighth Amendment protections. At the same time, other state constitutional provisions such as those guaranteeing the death penalty for certain offenses, requiring or permitting certain forms of labor by convicts, and victims’ rights provisions might cut against protective readings. While some states have begun to engage in holistic interpretation of their punishment provisions, many have yet to consider the breadth and implications of these varied provisions. By surveying these provisions and laying out the…
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Alex Klein @alexklein.bsky.social · 13/08/2026
Three executions, including in Tennessee, which botched its last execution and doesn’t appear to have done anything to address it.
npr.org
3 men set for lethal injection on same day in Tennessee, Alabama and Oklahoma
Three men in Tennessee, Alabama and Oklahoma are scheduled for lethal injection Thursday in a rare convergence of executions on the same day in the U.S.
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Alex Klein @alexklein.bsky.social · 13/08/2026
Heartbreaking and enraging.
nytimes.com
Opinion | What’s Happening in Kansas Should Alarm Us All
Is Kansas just the beginning?
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Alex Klein @alexklein.bsky.social · 11/08/2026
This was great. "If AI can do all the things we are promised it will do — hardly a given, but stick with me — then we are left with a question: What does using it accomplish? If you do not have to pay attention or do work to meet your goal, does your goal mean anything at all?"
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Reposted by Alex Klein
Kelsey Reichmann @kelseyreichmann.bsky.social · 10/08/2026
Death penalty at SCOTUS: New emergency app from Anthony Darrell Hines says Tennessee intends to use an unqualified physician to execute him on Thursday Hines says the physician's actions contributed to a botched execution in May. More on that here: courthousenews.com/botched-exec...
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Alex Klein @alexklein.bsky.social · 08/08/2026
Tennessee horribly botched Tony Carruthers’s execution, causing him serious pain and suffering. Executions are also extremely harmful to the people who have to carry them out—and many of them are not volunteers. I’ve written about this in my forthcoming piece with UC Irvine, and now here.
knoxnews.com
Botched executions harm more than the condemned man | Opinion
Execution teams nationwide report lasting psychological harm. Tennessee is preparing to risk it again, a law professor warns.
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Alex Klein @alexklein.bsky.social · 08/08/2026
theguardian.com
Unmasked: the doctor who helps put prisoners to death
Dr Mark Fowler assisted in the failed execution of a Tennessee prisoner. Physicians are meant to heal patients - why is he working in the death chamber?
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Alex Klein @alexklein.bsky.social · 07/08/2026
Whenever I see a squirrel doing something interesting, I think of @msmith750.bsky.social and take a picture. This squirrel was hanging out at a local brewery/pizza place.
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Reposted by Alex Klein
Hypervisible @hypervisible.blacksky.app · 07/08/2026
I wrote a chapter on this.
miaminewtimes.com
Florida cops are quietly using Meta smart glasses
Privacy advocates warn the glasses could let cops record people without them noticing.
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Alex Klein @alexklein.bsky.social · 02/08/2026
I’ve been reading Sublimation by Isabel J. Kim and it’s really good. One of the cooler sci-fi concepts I’ve run across in a while.
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Mark Joseph Stern @mjsdc.bsky.social · 20/07/2026
The Supreme Court just took up a case (Jouppi v. Alaska) that asks whether prosecutors violated the 8th Amendment's bar against excessive fines when they confiscated a pilot's private plane (worth $95,000) after he unknowingly flew a passenger's beer into a dry town. ij.org/case/alaska-...
ij.org
Jouppi v. Alaska - Institute for Justice
Ken Jouppi, a longtime Alaska bush pilot, is fighting the forfeiture of his plane over a six-pack of beer.
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Lawrence Solum @lsolum.bsky.social · 15/07/2026
Klein on the Dirty Work of Executioners Alexandra L. Klein (Washington and Lee University School of Law) has posted The Dirty Work of Executioners…...
legaltheoryblog.com
Klein on the Dirty Work of Executioners
Alexandra L. Klein (Washington and Lee University School of Law) has posted The Dirty Work of Executioners (17 U.C. Irvine L. Rev. (forthcoming 2027)) on SSRN. Here is the abstract: The Supreme Court has insisted that, because the death penalty is constitutional, there must be a way to carry it out. For the death penalty to function, there must be executioners.
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Texas Defender Service @texasdefender.bsky.social · 09/07/2026
Death by firing squad - forensic experts say it can be ‘excruciating’ amid allegations it has been intentionally botched. #EndTheDeathPenalty @theguardian.com  @edpilkington.bsky.social 
theguardian.com
Death by firing squad: archaic method on the rise in US as Idaho opens new execution chamber
Supporters of the method say it’s foolproof – but forensic experts say it can be ‘excruciating’ amid allegations it has been intentionally botched
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Liliana Segura @lilianasegura.bsky.social · 03/07/2026
I've been tracking the DOJ's death penalty authorizations since Trump retook office. There are more than people might realize. (How many actually lead to new death sentences is too soon to say.) New from me @theintercept.com
theintercept.com
Trump Has Already Launched More Death Penalty Prosecutions Than in His Entire First Term
Pam Bondi and Todd Blanche have pushed hard for new death sentences, including in states that have abolished executions.
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Hypervisible @hypervisible.blacksky.app · 02/07/2026
Every day is like “this company is trying to build a gateway to hell” yet we are all supposed to pretend like everything is fine.
businessinsider.com
This startup wants to turn the world into a searchable video feed, starting in San Francisco
Orchestra has installed more than 100 cameras in San Francisco. Next up: 900 more, then the rest of the world.
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Melissa Murray @profmmurray.bsky.social · 30/06/2026
About Trump v. Barbara: Do not give the Court and the CJ credit for reading and upholding the Constitution. It's a travesty that this is not a unanimous decision... it's also a travesty that the Court let this question percolate for a year, giving credence to a crank theory of citizenship.
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Michael Smith @msmith750.bsky.social · 30/06/2026
Nearly 200 pages to answer what amounts to a "True or False" question about constitutional law.
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Mark Joseph Stern @mjsdc.bsky.social · 30/06/2026
The Supreme Court strikes down Trump's attack on birthright citizenship. By a 5–4 vote, it holds that the 14th Amendment guarantees citizenship to children born of unauthorized and temporary immigrants. Roberts and Barrett join the three liberals. www.supremecourt.gov/opinions/25p...
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Steven Hale @iamstevenhale.bsky.social · 30/06/2026
New from me: Tennessee’s new lethal injection protocol adopted in 2025 reduced training in IV placement, the same part of the process prison staff failed to complete last month before aborting the execution of Tony Carruthers. nashvillebanner.com/2026/06/30/t...
nashvillebanner.com
Lethal injection protocol likely led to botched execution - Nashville Banner
Tennessee's current lethal injection protocol includes reduced training on IV placement, an issue that caused the state to halt Tony Carruthers' execution.
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Pamela Colloff @pamelacolloff.bsky.social · 30/06/2026
For my latest, I reported from Florida, where more death-row prisoners have been executed since 2025 than all other states combined. I looked at how this accelerated pace is affecting people on the ground, beginning with a priest who ministers to men on death row. www.nytimes.com/2026/06/30/m...
nytimes.com
Capital Punishment Is on the Decline. Except in Ron DeSantis’s Florida.
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Ben Collins @bencollins.bsky.social · 30/06/2026
Trans rights are human rights always and forever.
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Charles Ornstein @charlesornstein.bsky.social · 30/06/2026
NEW: Louisiana Supreme Court Frees Death Row Prisoner, Calling Evidence Against Him “Scientifically Indefensible” @richardawebster.bsky.social @veritenews.org
propublica.org
Louisiana Supreme Court Frees Death Row Prisoner, Calling Evidence Against Him “Scientifically Indefensible”
The decision affirms a lower court’s ruling nullifying Jimmie “Chris” Duncan’s 1998 first-degree murder conviction. Duncan was convicted based in part on forensic evidence that is now widely regarded ...
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Steve Vladeck @stevevladeck.bsky.social · 29/06/2026
Second (but *not* last) #SCOTUS ruling is in Chatire (the geofence warrants case). For a 6-3 majority (with Thomas, Alito, and Barrett dissenting), Justice Kagan holds that a geofence warrant *is* a Fourth Amendment search, but the Court remands to see if the Fourth Amendment was actually violated:
supremecourt.gov
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Alex Klein @alexklein.bsky.social · 20/06/2026
I planted mint and predictably, it has taken off. (It is in a separate planter because while I’m new to gardening, I do know that much.) I made this last night & spun it today. Definitely worth the effort.
seriouseats.com
The Best Mint Chip Ice Cream Recipe
No mint leaves can match the charged blast of a slug of mint extract, but fresh mint ice cream has an unbeatable roundness of flavor you just can't find in a bottle. Add in lacy straciatella swirls th...
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Alex Klein @alexklein.bsky.social · 19/06/2026
Tonight’s dinner: sourdough, goat cheese, tomato, and a little salt and pepper.
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Matt Ford @mford.bsky.social · 16/06/2026
Ohio Governor Mike DeWine: “I no longer believe the death penalty is a deterrent to murder. […] I believe Ohio should abolish the death penalty.”
apnews.com
Republican Gov. Mike DeWine says Ohio should abolish the death penalty, saying it is not a deterrent
Republican Gov. Mike DeWine says he believes Ohio should abolish the death penalty. The term-limited governor, who has repeatedly postponing scheduled executions, said Tuesday that data shows the deat...
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Alex Klein @alexklein.bsky.social · 12/06/2026
Idaho's going to use volunteer police officers as firing squad executioners. I've written about this practice in Utah, which appeared to be a continuation of historic execution practices. Idaho appears to have justified this on the belief that police are better suited to firing squads than COs.
idahostatesman.com
Idaho will soon turn to firing squad executions. Police will pull the triggers
The Idaho Department of Correction is ready to carry out the death penalty by shooting prisoners starting in July, an agency official said.
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Alex Klein @alexklein.bsky.social · 12/06/2026
I was indeed shocked and I’m glad to be. Amazing work by Mr. Lee’s legal team.
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Chris Geidner @chrisgeidner.bsky.social · 12/06/2026
BREAKING: SCOTUS denies Alabama's request to let it proceed with the nitrogen gas execution of Jeffery Lee that was scheduled for tonight. Justices Thomas, Alito, and Gorsuch note their dissent. Jeffery Lee will not be killed tonight. Background: www.lawdork.com/p/alabama-ni...
CORDER LIST: 608 U.S.)

THURSDAY, JUNE 11, 2026

ORDER IN PENDING CASE
25A1381
LOVELACE, COMM'R, AL DOC, ET AL. V. LEE, JEFFERY
The application for stay or vacatur presented to Justice

Thomas and by him referred to the Court is denied.
Justice Thomas, Justice Alito, and Justice Gorsuch would grant the application for stay or vacatur.
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