Kagan Calls Arizona’s Stance in Capital Case Kafkaesque (1)

Justice Elena Kagan said “Kafka would have loved” the death-penalty case argued at the US Supreme Court on Tuesday as she critiqued what she cast as Arizona’s procedural maze that blocked relief at each turn.

Justice Amy Coney Barrett also criticized the state’s position, calling it “artificial” and “hair splitting,” though it remains to be seen which side will prevail at the court that’s been deeply skeptical of death-row claims.

Raising a procedural issue, Tuesday’s argument involved whether Arizona’s outlier end-run around US high-court precedent was within the state’s rights or violated federal guarantees.

The dispute stems from the case ...