The Court and Death Row

WASHINGTON, D.C.: The Supreme Court heard arguments examining the constitutionality of a new law limiting many death-row prisoners to one appeal in federal court. At stake for the court is whether Congress can limit its ability to review death-row appeals. The case of convicted murder Ellis Wayne Felker is the first test of a federal law passed in April that requires inmates who have lost their first federal appeal to seek permission from a three-judge appellate court to file a second. Georgia death-row prisoner Felker brought his case to the Supreme Court despite an appellate court decision rejecting his appeal. His lawyers and the American Civil Liberties Union argue that giving the appellate courts power to deny a death row inmate the right to appeal to the Supreme Court is unconstitutional because it reduces the high court's authority as overseer of the lower courts. In a friend-of-the-court brief submitted by Senator Orrin Hatch, fifty-four members of Congress urged the court to rule in favor of the law, arguing that it does not cut into the judicial power of the high court. A decision, which could affect some 3,000 inmates, is expected some time later this month. -->