in the vicinityVideoNeil from gorsuch and Brett Kavanaugh are to be found on opposite sides in two out of three recent judgments
U.S. Supreme Court, judge Brett Kavanaugh on Thursday sided with liberal justices in a ruling that delayed the execution of a cop killer claims in the midst of that religious freedom be violated if the death-row-inmates of the Buddhist spiritual adviser present during his last moments.
The nation’s highest court blocked the execution of Patrick Murphy about two hours after he had executed. Murphy is a member of the “Texas 7” gang of escaped prisoners, in expectation of the death penalty in the fatal shooting of a suburban Dallas police officer.
Murphy’s lawyer argued that Texas prison were prevented by the officials against his client’s First Amendment right to freedom of religion, that the occupants of a spiritual adviser, a Buddhist priest from witnessing the execution.
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But while judge Clarence Thomas and Neil from gorsuch said she would allow it to go to the execution, echo courts, the view that rejected Murphy’s arguments, Kavanaugh — such as from gorsuch, an appointee of President Trump — was on the opposite side of the conservative judges.
This undated photo provided by the Texas Department of Criminal Justice ” shows Patrick Murphy, a member of the notorious “Texas 7” gang of escaped prisoners, the run was planned, Thursday, 28. March 2019.
(Texas Department of Criminal Justice via AP)
This follows the case-law of the last week, where two out of three decisions of the high court, from gorsuch and Kavanaugh found themselves on opposing sides.
Kavanaugh wrote a concurring opinion on Thursday that while the Texas prison system allows for a Christian or Muslim inmates have their religious adviser to be present in the death chamber, or in the projection room, the occupants of the other religious denominations, their advisors only in the projection room and not in the execution room itself.
“The court has repeatedly held that state discrimination against religion, and in particular the discrimination against religious people, religious organizations, and religious speech, in violation of the Constitution,” he wrote. “The government may not discriminate against religion generally or against particular religious beliefs.”
The justice added that Murphy may not be executed until the state of his Buddhist advisors, or other Buddhist clergy in the state’s choice to be present in the chamber during the execution.
“What the state does is to allow, in my view, Christian or Muslim inmates, but non-Buddhist inmates with a religious Advisor of their religion in the execution room,” he wrote.
“The court has repeatedly held that state discrimination against religion, and in particular the discrimination against religious people, religious organizations and religious speech against the constitutional violation.”
— Justice Brett Kavanaugh
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Officials from Texas argued in court that the reason why only Christians and Muslims are allowed religious Advisor, is advised, due to security concerns, only pastors who had extensively examined by the prison system is allowed within the chamber.
Murphy was one of the prisoners who escaped from a South Texas prison in December 2000, although they are only 15 months away from released on parole is mandatory.
To kill during the six-week manhunt, he and his gang committed a number of thefts, including of the, in which they shot 29-year-old Irving police Officer Aubrey Hawkins 11 times, to him.
They were captured, one of the gang members killed themselves, while the other six criminals convicted of the killing of the officer have been sentenced to death.
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Murphy had the fifth gang member to be executed. The sixth inmate, Randy Halprin, was not given an execution date.
The Associated Press contributed to this report.