Three times the Supreme Court’s conference list has included Office of the State Public Defender v. Bonta, the original writ petition attacking California’s death penalty system as racially discriminatory, and each time the court hasn’t issued a ruling. (See here, here, and here.)

Well, the petition is on a fourth conference list, the one for tomorrow’s meeting of the justices.

We’ve suggested there might be a separate statement in the works and possibly also a response to a separate statement. (See here and here.) Whether we’ll see a ruling and any separate statements tomorrow is an open question.