Office of State Public Defender et al. v. Bonta

On April 9, 2024, the ACLU of Northern California, together with a number of organizations and individuals, filed an original writ petition in the California Supreme Court seeking to have the death penalty declared unconstitutional under the State Equal Protection Clause.  

The case is rooted in numerous empirical studies demonstrating that California’s capital punishment scheme is administered in a racially discriminatory manner and violates the equal protection provisions of the State Constitution. In particular, the studies reveal that the death penalty is disproportionately sought and applied against people of color and in cases with white victims.  

The petition asks the Court to grant a writ of mandate and declare that California’s death penalty statutes, as applied, violate the fundamental guarantee of equal protection promised in the State Constitution. 

The ACLU's co-counsel and collaborators in this case include the Office of the State Public Defender (OSPD), ACLU Capital Punishment Project, NAACP Legal Defense Fund, the law firm WilmerHale, Natasha Minsker, Liz Semel, Bob Bacon, and the Eighth Amendment Project. The petitioners include Eva Patterson, LatinoJustice, OSPD, Ella Baker Center, and Witness to Innocence. 

After briefing on the writ petition, the Court ordered the parties to submit supplemental briefing on a number of issues.  

On March 12, 2025, the Court issued an order denying our request for a stay, and holding the case in abeyance pending resolution of Taking Offense v. State of California, S270535. Petitioners had requested a stay of all actions in reliance on the California death penalty statute, including death noticing defendants, prosecutions, and executions. (This last point is presently moot because of the Governor’s moratorium on the death penalty).  

Taking Offense is a case that raises the issue of whether individuals may rely on taxpayer standing to sue state officials. We alleged taxpayer standing on behalf of our Petitioners in addition to other bases of standing. Taking Offense was argued on May 6, 2025.