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A panel of the 9th Circuit has reignited federal judges' frustration over a 1996 law that requires them to defer to state courts even in the face of constitutional errors. With only a week's advance notice and no briefing, two judges asked lawyers to be prepared to address during arguments whether part of the Antiterrorism and Effective Death Penalty Act unconstitutionally intrudes on the separation of powers. Last week's appeals panel ruling could affect dozens of capital cases.
May 16, 2005 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
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