Supreme Court splits along gender lines — again — in new late-night ruling: report
The Supreme Court of 2022 (Photo by Erin Schaff for AFP)

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

The case in question involved the execution of Alan Eugene Miller, who had spent the last two decades on death row for a 1999 shooting spree that left three people dead.

The state of Alabama asked the Supreme Court to lift an injunction that had been placed that prevented the state from killing Miller after an earlier attempt to conduct the execution had to be called off.

"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.

"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.