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> where the judicial system seems truly out of control I don't think this is true at all. The judicial system is following the laws that the legislature has l

> where the judicial system seems truly out of control I don't think this is true at all. The judicial system is following the laws that the legislature has laid out. Unless the laws are unconstitutional (which no one seems to be arguing) then this is actually a case where the judicial system is 100% not out of control. And, in fact, nothing gives them the power to act here, so they aren't acting. All they've done is refuse to step in to a spot that has no place defined for them. > it makes a clear case that the problem is the system Yes, but the system that's the problem isn't the judges. It's the law that's been decided upon and never fixed. The judges can't just decide that they aren't going to enforce the law unless someone is arguing that the law itself is invalid, which no one is doing. It's an unfortunate situation but it's one with a real remedy. The remedy is not "courts ignore legislature," it's "governor grants clemency or pardon."

bee_rider 3y ago
One possibility I guess could be for the state to put “don’t murder innocent people” in their constitution. It just seems like an odd caveat to need.
- mulmen 3y ago
  In this case the man is guilty in the eyes of the court and there is no mechanism by which they can reevaluate that decision given this new information. The problem is the law does not give them this ability and that the death penalty is a possible outcome. Neither of these are problems the court can fix. The solution here is on the legislature and executive.
  - bee_rider 3y ago
    Could a religious liberty case be made? I mean, I am not religious, but I’d be surprised if the Christian god would be OK killing a person over a technicality. Oklahoma is a pretty religious place, right? I imagine the execution could be hard to perform if enough people didn’t comply. At least it could be enough of a delay to stall a bit and hopefully work things out…
    - mulmen 3y ago
      Wow, so much to unpack here. > Could a religious liberty case be made? No. > I mean, I am not religious, but I’d be surprised if the Christian god would be OK killing a person over a technicality. Does the defendant have to believe in Christian God? Does he have to state this belief publicly? Does the state recognize only this god or all gods? What is the standard? > Oklahoma is a pretty religious place, right? I don't see how this is relevant. The only issue here is the law of the state of Oklahoma. The separation of church and state is not something we can selectively ignore. > I imagine the execution could be hard to perform if enough people didn’t comply. Well, only one person has to not comply. That person is the governor, who is tasked with enforcing the law. > At least it could be enough of a delay to stall a bit and hopefully work things out… "Hopefully" "work out" how? You mean like the second coming of Christ and he becomes governor and pardons this guy?
giantg2 3y ago
'it's "governor grants clemency or pardon."' And "legislature changes laws"

bee_rider 3y ago

One possibility I guess could be for the state to put “don’t murder innocent people” in their constitution. It just seems like an odd caveat to need.

mulmen 3y ago
In this case the man is guilty in the eyes of the court and there is no mechanism by which they can reevaluate that decision given this new information. The problem is the law does not give them this ability and that the death penalty is a possible outcome. Neither of these are problems the court can fix. The solution here is on the legislature and executive.
- bee_rider 3y ago
  Could a religious liberty case be made? I mean, I am not religious, but I’d be surprised if the Christian god would be OK killing a person over a technicality. Oklahoma is a pretty religious place, right? I imagine the execution could be hard to perform if enough people didn’t comply. At least it could be enough of a delay to stall a bit and hopefully work things out…
  - mulmen 3y ago
    Wow, so much to unpack here. > Could a religious liberty case be made? No. > I mean, I am not religious, but I’d be surprised if the Christian god would be OK killing a person over a technicality. Does the defendant have to believe in Christian God? Does he have to state this belief publicly? Does the state recognize only this god or all gods? What is the standard? > Oklahoma is a pretty religious place, right? I don't see how this is relevant. The only issue here is the law of the state of Oklahoma. The separation of church and state is not something we can selectively ignore. > I imagine the execution could be hard to perform if enough people didn’t comply. Well, only one person has to not comply. That person is the governor, who is tasked with enforcing the law. > At least it could be enough of a delay to stall a bit and hopefully work things out… "Hopefully" "work out" how? You mean like the second coming of Christ and he becomes governor and pardons this guy?

giantg2 3y ago

'it's "governor grants clemency or pardon."' And "legislature changes laws"