Two month ago, the Supreme Court asked for supplemental briefing in Office of the State Public Defender v. Bonta, the original writ petition attacking California’s death penalty system as racially discriminatory. The order came after the court had conferenced for a fourth time about the case. The initial supplemental briefs were filed two days ago.

In their brief, besides reiterating their arguments on the merits, the petitioners — California’s Public Defender, a prominent civil rights litigator, and three civil rights organizations — defend their standing to bring the petition and their naming of only the state’s Attorney General as a respondent.

The Attorney General’s brief “does not contest petitioners’ standing” and it states, again, that the petition’s “arguments are serious ones that deserve careful consideration by the judiciary through a process that allows for the development of an evidentiary record.” The AG also says, “while no other parties are necessary to these proceedings, district attorneys and others with an interest in the proceedings could seek to participate as amici curiae or move for leave to intervene on a permissive basis.”

The court directed just the petitioners and the AG — the only parties named in the petition — to file supplemental briefs, but the Riverside County District Attorney filed a brief representing “the People of the State of California” and calling the People (or the DA himself; it’s not clear) the real party in interest. The brief argues that the petitioners lack standing and that “all California District Attorneys, condemned inmates, defendants facing capital punishment, and victims’ next of kin are necessary parties” (all caps in the brief). It also claims the petition fails on the merits.

Amicus curiae briefs are currently due by December 3. The petitioners and AG can file reply briefs on or before December 17.

Realted:

Heavyweight writ petition asks Supreme Court to declare death penalty unconstitutional

“California’s death penalty law deserves a vigorous defense”

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”

Two former justices urge Supreme Court to review anti-death penalty writ petition