Federal appeals court grants Texas inmate stay of execution

A federal appeals court granted a stay of execution Wednesday to a Texas inmate just one day before he was scheduled to die for the fatal shooting of a 23-year-old woman during a carjacking in Houston. In an 18-page opinion filed Thursday, a three-judge panel of the New Orleans-based 5th U.S. Circuit Court of Appeals ruled that under recent case law and intellectual disability standards, Dexter Johnson is sufficiently impaired intellectually to disqualify him for Thursday's execution. The Supreme Court in 2002 barred execution of mentally disabled people but has given states some discretion to decide how to determine intellectual disability.

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The Ugly History of Dual-Loyalty Charges

When Representative Ilhan Omar recently complained about “the political influence in this country that says it is okay to push for allegiance to a foreign country,” many noted accurately that she had deployed a trope—dual loyalty—that had been used against Jews for years. But this accusation has a broader history in the United States, having been used against several religious minorities—including Muslims like Omar. Indeed, many battles over religious freedom have revolved around dual-loyalty claims. [ Read: Ilhan Omar just made it harder to have a nuanced debate about Israel ] In the 19th century, many attacks on Catholics stressed that these immigrants were pawns of a foreign power. In the 1830s, Samuel Morse—then a prominent painter and later the inventor of the telegraph—urged Americans to build “walls” and “gates” to keep out Catholic immigrants, who would always be loyal to Rome. Because these Catholic immigrants were decrepit —“halt, and blind, and naked”—they were easy to co...

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