Scotusblog reports on the U.S. Supreme Court agreeing to hear three more death penalty cases from Texas on an issue that they have decided multiple times already
. Two of these cases are from the 5th Circuit and one is from the Texas Court of Criminal Appeals (the court of last resort for criminal cases in the state). In all three cases, these courts have continued to defy the Supreme Court opinions on the issue of the error of the jury instructions in the sentencing phase of capital cases. In one of the cases, the Supreme Court summarily reversed (without argument) the lower court, telling them that they really, really meant it, and the court took the case back on remand and still
upheld the death sentence. Despite these various judge's active defiance of binding case law, I haven't heard any conservatives screaming about how these judicial activists need to be impeached.