http://www.nytimes.com/2007/10/30/us/31cnd-exec.html?_r=1&hp&oref=slogin"WASHINGTON, Oct. 30 — Moments before a Mississippi prisoner was scheduled to die by lethal injection Tuesday evening, the Supreme Court granted him a stay of execution and thus gave a nearly indisputable indication that a majority intends to block all executions until the court decides a lethal injection case from Kentucky next spring.
"There were two dissenters, Justices Antonin Scalia and Samuel A. Alito Jr., but neither they nor the majority gave reasons for their positions. Because only five votes are required for a stay of execution, it is not clear whether all the remaining seven justices supported it."
It is no surprise that Scalito would support the selective use of state's rights (except on abortions, medical marijuana, drug enforcement and other personal issues). After all, these guys LOVE handing out swift, strong justice, despite of or in the face of contrary facts. What is a surprise is that the rest of the Supremes voted to stay executions pending their decision in Baze v. Rees next year.