9th Circuit panel reverses judge’s decision declaring state death penalty unconstitutional

Franklin Zimring and Jesse Choper interviewed by Daily Journal, (registration required), Nov. 13, 2015

Zimring noted that the effort was not for naught, as its “legacy in relationship to death penalty politics is likely to be substantial.” While all previous attempts to “slow down the death penalty” had been procedural and incremental, this case was a “big picture, comprehensive attack,” he said.

“If I were a 9th Circuit judge, I’d have done the same thing,” said Jesse H. Choper. … “While the systemic delays may ultimately be unconstitutional, only the United States Supreme Court can say so.”