We noted that the court conferenced once again last week about the 19-month-old writ petition that broadly attacks California’s death penalty system as racially discriminatory (Office of the State Public Defender v. Bonta), but that we didn’t know what the justices were talking about. Now we now.
The day after the conference, the court issued an order requiring even more supplemental briefing. These briefs are to “address[ ] the significance, if any, of Taking Offense v. State of California (Nov. 6, 2025, S270535) __ Cal.5th __ [see here] on the issues presented herein, including petitioners’ standing to bring this original proceeding.”
The writ petition has been on hold “pending consideration and disposition of a related issue in Taking Offense v. State of California.” The “related issue” is whether there is standing to bring the case, about which Taking Offense doesn’t seem dispositive.
Both sides’ supplemental briefs are due January 7 and their reply briefs, which can respond to any amicus curiae filings, are due February 4. The court said it won’t grant any extensions.
