Moore v. Texas — Scalia, J., dissenting

Summary

Justice Scalia dissents from the Court’s orders granting stays of execution to Curtis Moore and Brian Edward Davis, arguing that the Texas Court of Criminal Appeals’ dismissals rest on adequate and independent state grounds that preclude Supreme Court review. He contends the applicants have not shown cause for procedural default, nor a reasonable probability of reversal, and that last‑minute stays disrupt state administration of the death penalty. The dissent therefore holds that the stays should not have been granted.