Judge David Tatel’s new book, titled Vision, has garnered attention for its critique of the Roberts Court, but it also delves into insights about judging. I’ve just begun reading the book and found his detailed account of a July 2020 capital case involving Daniel Lee Lewis to be particularly intriguing. The case swiftly moved from the District Court to the D.C. Circuit to the Supreme Court in a span of 24 hours, shedding light on the dynamics between the different judicial levels.
Here is an excerpt from the timeline:
At 10:30 a.m., I received an email notifying me that a district court judge had halted the execution of Daniel Lewis Lee, scheduled for that very afternoon. The Justice Department quickly sought our intervention to overturn the district court’s decision and allow the execution to proceed. . . .
By 11:52 a.m., the Justice Department had requested our panel to review the district court’s ruling promptly. Despite the usual lengthy appellate process, we expedited the review and made our decision by 9:51 p.m.. . . .
Following intense deliberation and drafting, we released our opinion at 11:24 p.m., only to receive word from the Supreme Court urging immediate action. Under immense pressure, we finalized our decision and released it by 2 a.m.. . . .
In less than six hours, Daniel Lewis Lee was executed at 8:07 a.m..
These events, as recounted by Tatel, offer a gripping narrative of the judicial process.
I’ve always suspected the Supreme Court’s influence on expediting urgent cases in lower courts, and Tatel’s account confirms this notion for the first time.
For those interested, Tatel refrains from discussing his interactions with then-Judge Kavanaugh in the book.
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I’ve often criticized Supreme Court Justices who rush to publish memoirs immediately post-confirmation for financial gain. Judge Tatel’s dedication to his judicial career and insights garnered over decades offer a more substantial contribution. I have confidence that his motivations were not driven by monetary incentives.
