Many conservatives thought the execution of Patrick Murphy, a man sentenced to death over the killing of a suburban Dallas police officer, was a done deal on the Supreme Court.
However, Justice Kavanaugh permitted a stay against the execution when he sided with the liberals on the bench based on a violation of the First Amendment rights of Murphy.
The Real Issue is Not the Death Penalty
The media is already spinning this story out of control, so it was time to break it down and shed a little light on the decision made by Justice Kavanaugh.
This case is being turned into a death penalty case, which it is not.
In no way did Justice Kavanaugh take the side that the death penalty is inhumane and needs to be outlawed.
What he did do is protect the First Amendment rights of Patrick Murphy at they pertain to freedom of religion.
Murphy is a Buddhist.
As such, he has requested a Buddhist priest be present for his execution.
The State, for security reasons, has denied that request.
Of importance here is the fact the State does allow Christian or Muslim representation in the execution chamber if the sentenced requests it.
The State has denied Murphy’s request for security reasons, stating a heavy vetting process is involved in clearing these religious advisers.
Kavanaugh penned the majority decision and his wording makes it quite clear this is a stay granted on the basis of religious freedom only.
Kavanaugh stated, “As this Court has repeatedly held, governmental discrimination against religion in particular, discrimination against religious persons, religious organizations, and religious speech violates the Constitution. The government may not discriminate against religion generally or against particular religious denominations.”
Nobody here is debating the fact Murphy along with the one other member of the Texas 7 that is still alive should be put to death.
What these men did collectively is horrific, and they all needed to be punished severely.
Four of the man have already been executed; Murphy would have been the fifth.
The ONLY thing Kavanaugh is saying here is that this man should be given the same religious freedoms as other men that are facing the same sentence and the State does not have the right to deny him of this Constitutional right.
He did the exact job he was put on the bench to do. Interpret the Constitution and apply the law to that specific case.
This case is about Murphy being allowed to have a Buddhist priest in the chamber as his advisor and nothing more.
Once the State clears a Buddhist priest for Murphy, there will then be nothing in the way of the State rightfully executing this horrible man for his crimes.
By the letter of the Constitution, Kavanaugh actually made the right ruling here, as he clearly believes the State overstepped its bounds in denying an American citizen, regardless of how despicable he is, a right guaranteed him in the Constitution.
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