The United States Supreme Court split along gender lines during a ruling issued Thursday evening.

“The U.S. Supreme Court granted the state’s application to vacate the injunction, clearing the way for Alabama to execute Alan Miller tonight. Justice Sonia Sotomayor, Justice Elena Kagan, Justice Amy Coney Barrett, and Justice Ketanji Brown Jackson voted to deny the application,” the Birmingham News reported Thursday evening.

Before Thursday’s legal wrangling, Miller was scheduled to be executed at 6 p.m. eastern. He is now expected to be executed later this evening.

Among other things, tonight’s ruling is the third time this Term that [the Supreme Court] has granted a state’s emergency application to allow an execution to proceed (after lower courts had blocked it),” University of Texas Law Prof. Steve Vladeck noted.

“It’s also the second time we’ve seen this 5-4 lineup (with the men in the majority and the women in dissent). The first was the immigration enforcement priorities case,” he added.

The court notably did not split along gender lines in the Dobbs vs. Jackson Women’s Health Organization case that overturned Roe vs. Wade, with Justice Barrett joining the men who overturned the longtime precedent and Justice Breyer voting with the women who sought to preserve abortion rights. That case came before Justice Jackson succeeded Justice Breyer.


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