Justices Double Up to Handle Death Row Pleas

The Supreme Court, in an unusual move, on Friday assigned two members to handle emergency matters from Louisiana, Texas and Mississippi--an area with a heavy load of death penalty appeals.

In a brief order, the court said that Chief Justice William H. Rehnquist and Justice Byron R. White will serve as “circuit justices” for emergency requests coming from the three states, which are within the jurisdiction of the U.S. 5th Circuit Court of Appeals.

Each of the 12 geographic judicial circuits has a Supreme Court justice assigned to it, a practice dating to Colonial days, when the justices actually “rode circuit” to settle legal disputes.

Retirement of Powell

When Justice Lewis F. Powell Jr. retired last month, responsibility for the U.S. 11th Circuit Court of Appeals, which encompasses Alabama, Georgia and Florida, was given to White, who had sole responsibility for the 5th Circuit also.

Friday’s order switched responsibility for the 11th Circuit from White to Justice Antonin Scalia. It gave responsibility for the 5th Circuit to White and Rehnquist “pending further order.”

Rather than being submitted to the full court, emergency requests are submitted to a circuit justice. That court member has the option of acting on the request or referring it to the full court.

Among the emergency requests fielded by circuit justices are those from Death Row inmates seeking postponements of executions pending further appeals. Such appeals are heaviest from states within the 5th and 11th circuits.