Tomorrow morning, the Supreme Court will file its opinion in Briggs v. Brown, which was argued on the June calendar.  (Briefs here; oral argument video here.)

Institutionally for the court, this is one of biggest cases in a long time.  It involves a challenge to the validity of the Death Penalty Reform and Savings Act of 2016 (Prop. 66, Gen. Elec. (Nov. 8, 2016)).  If upheld in its entirety, the initiative measure to speed up executions would profoundly transform the court’s docket into one containing death penalty cases to the exclusion of almost all others.

Prop. 66 covers many issues, as does the writ petition that challenges it.  Additionally, a few days after oral argument in the case, the court asked for supplemental briefing regarding “[w]hether the authorization of an appeal to the Court of Appeal from the decision of a superior court on an initial capital habeas corpus petition (Pen. Code, § 1509.1, subd. (a)) conflicts with the grant of appellate jurisdiction to this court ‘when judgment of death has been pronounced’ (Cal. Const., art. VI, § 11, subd. (a); see id., § 12, subd. (d)).”

There are two pro tem justices for the case — Justices Andrea Hoch (Third District Court of Appeal) and Raymond Ikola (Fourth District, Division Three) — and Justice Carol Corrigan is the acting Chief Justice, because Chief Justice Tani Cantil-Sakauye and Justice Ming Chin are recused.

The opinion can be viewed tomorrow starting at 10:00 a.m.