Capital news from SCOTUS (even as it enjoys its 4-week vacation)

The hardest-working court in law business is in the middle of its month-long holiday recess.  But, as detailed in new SCOTUSblog posts, that does not mean there isn’t any death penalty news coming from the Court.  Specifically, check out these two new posts for interesting news on distinct capital fronts:

• US: No confrontation right at sentencing: “The Justice Department has urged the Supreme Court to allow the lower courts to continue to explore — without the Justices’ involvement — whether to apply the Sixth Amendment right to confront one’s accusers to sentencing hearings, including those involving the death penalty….”

• Early release of Baze audiotape: “The Supreme Court announced Thursday that it will promptly release the audiotape of the oral argument on Monday, Jan. 7, in Baze v. Rees (07-5439) — the Kentucky case testing the constitutionality of the three-drug protocol for execution by lethal injection….”