For a fourth time, the Supreme Court today conferenced about Office of the State Public Defender v. Bonta (see here), the original writ petition attacking California’s death penalty system as racially discriminatory (see here). There’s still no ruling, and now there probably won’t be one until December at the earliest. The court has asked for additional briefing on issues both procedural and substantive, briefing that likely won’t be completed until at least the end of November. The petition was filed on April 9.
These are the topics about which the court wants further discussion:
“(1) On what ground or grounds, if any, does each petitioner have standing to challenge the prosecution, imposition, and execution of all death sentences in this state?
“(2) Have petitioners alleged facts that, if proven true, would establish a violation of the California Constitution (art. I, §§ 7 [equal protection and due process], 17 [cruel or unusual punishment]) and entitle them to all or part of the relief they seek, including an order prohibiting all future capital prosecutions and the enforcement or execution of any death sentence previously imposed? How, if at all, does article I, section 27 of the California Constitution [reinstating the death penalty after the California Supreme Court ruled it unconstitutional] affect this determination? How, if at all, does the classification of this matter as an as-applied or a facial challenge affect this determination?
“(3) What parties are necessary to properly consider the requested relief and effectuate it, if warranted?” (Links added.)
The briefing order is directed to the petitioners and to the Attorney General, the only respondent named in the petition. Two district attorneys claimed that all the state’s district attorneys should also be parties, an argument that could be the catalyst for requiring briefing on issue number three.
The supplemental briefing schedule calls for initial briefs by October 28, applications to file amicus briefs by November 12, and party reply briefs by November 26.
[October 9 update: the court today granted an unopposed request to extend the supplemental briefing time by three weeks. Initial briefs are now due by November 18, amicus brief applications are to be filed by December 3, and party reply briefs are due by December 17.]