California faces a historic shift in capital punishment as the state Supreme Court weighs a sweeping executive request to empty death row.
Chief Justice Patricia Guerrero issued an order Monday, Nov. 9, asking prosecutors, defense teams, legal scholars, and victims’ families to submit legal briefs on Gov. Gavin Newsom’s commutation plan, Davis Vanguard reported.
The governor submitted his request Nov. 5 to replace roughly 548 death sentences with life imprisonment without the possibility of parole. That action would not release any inmates or grant parole eligibility. Newsom argued that decades of delays, wrongful convictions, and racial disparities have undermined the state’s capital punishment system.
Under Article V, Section 8 of the California Constitution, the governor must secure a recommendation from the state Supreme Court before granting clemency to anyone twice convicted of a felony. The court’s order sets a Nov. 24 deadline for amicus briefs and applications. Newsom has until Dec. 4 to submit a consolidated response.
Advocacy groups including the California Appellate Project, Habeas Corpus Resource Center, and Office of the State Public Defender filed joint briefs supporting the governor’s authority.
Legal scholars point to previous mass commutations in American history, citing actions by former governors in Illinois, Oregon, Colorado, Maryland, and New Jersey. A filing from 19 scholars—including Erwin Chemerinsky, Carol Steiker, and Robert Weisberg—notes that categorical clemency has historically addressed systemic inconsistencies in death penalty administration.
The Criminal Justice Legal Foundation and the San Bernardino County District Attorney’s Office filed motions seeking to unseal the governor’s confidential request and its supporting documents.
Interested parties must submit their formal applications and proposed amicus briefs by Nov. 24. Governor Newsom’s legal team, represented by Deputy Solicitor General Zach ZhenHe Tan, will then file a consolidated response by Dec. 4.
The court has not yet announced when it will issue a final recommendation on the proposed commutations. California has not executed an inmate since 2006, and Newsom imposed an execution moratorium in 2019.
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