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Sotomayor vote fails to halt execution

Justice Sonia Sotomayor cast what appeared to be her first public vote as a member of the Supreme Court. Justice Sonia Sotomayor cast what appeared to be her first public vote as a member of the Supreme Court.
Associated Press / August 19, 2009

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WASHINGTON - Justice Sonia Sotomayor is getting into the swing of being a member of the Supreme Court.

Sotomayor made what appeared to be her first public decision as a justice on Monday, voting unsuccessfully to delay the execution of an Ohio death row inmate.

She voted along with the court’s liberal bloc - Justices John Paul Stevens, Ruth Bader Ginsburg, and Stephen Breyer - to stop the execution of Jason Getsy, which was carried out yesterday.

Getsy, 33, who was sentenced to die for shooting 66-year-old Ann Serafino in 1995 while trying to carry out a contract killing on her son, had asked the nation’s high court to allow him to challenge Ohio’s lethal injection system as cruel and unusual punishment.

The court’s other five justices voted to deny the stay.

The Supreme Court said Sotomayor did not participate in the court’s other death penalty decision of the day: to order an evidentiary hearing for death row inmate Troy Davis, whose lawyers say they have evidence that he did not kill the off-duty police officer for which he was condemned.

Sotomayor, 55, became the first Hispanic and third female justice in the court’s 220-year history after taking an oath of office earlier this month from Chief Justice John Roberts.

She will sit in on her first Supreme Court hearing, a key campaign-finance case on Sept. 9. The new term doesn’t formally begin until Oct. 5.