Three weeks ago, Office of the State Public Defender v. Bonta — the original writ petition attacking California’s death penalty system as racially discriminatory — was on the list of matters scheduled to be considered at the next day’s Supreme Court conference. (See here.) That almost always means a ruling will be made at the conference. But there was no ruling announced after the July 10 conference. (See here.)
Well, the case is on another court conference list, the one for tomorrow’s conference.
The delay in a ruling could mean that some justices have been drafting a separate statement. If I had to guess, I’d say (1) the court will deny the petition, but state the denial is without prejudice to re-filing it in a lower court or without prejudice to raising the issue in a specific death row inmate’s case and (2) Justices Goodwin Liu and Kelli Evans will file a separate statement saying either that the court should decide the petition itself now or that the evidence the petition presents is compelling and should be seriously considered in any subsequent proceedings, and that neither article I, section 27, of the California Constitution nor McCleskey v. Kemp (1987) 481 U.S. 279 should preclude an evaluation of the evidence.
Related:
Contra Costa County district attorney Diana Becton in today’s Sacramento Bee “urge[s] the state Supreme Court to fully consider the powerful evidence in this case and ensure that the death penalty system can no longer be used as a tool to perpetuate discrimination.”
Heavyweight writ petition asks Supreme Court to declare death penalty unconstitutional
Supreme Court asks for preliminary opposition to anti-death penalty writ petition
Two former justices urge Supreme Court to review anti-death penalty writ petition
AG asks for evidentiary hearing on anti-death penalty petition; 2 DAs want the petition denied
LA Times: “Of course the death penalty is racist. And it would be wrong even if it weren’t”
“California’s death penalty law deserves a vigorous defense”
50 years ago, the California Supreme Court (temporarily) ended the death penalty