Bagley v. Byrd — Rehnquist, J., dissenting

Summary

Chief Justice Rehnquist, joined by Justices Scalia and Thomas, dissents from the Court of Appeals order extending the stay of execution for John Byrd. The dissent argues that the stay lacks any constitutional justification and was granted only to allow additional time for consideration of a rehearing petition. Justice Rehnquist would grant the State application to vacate the stay, relying on precedents that caution against granting stays without substantial grounds.