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Moving Forward on the Fast Track

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Last April, I noted that Arizona Attorney General Tom Horne had taken the momentous step of applying for certification for the "fast track" in federal habeas corpus for capital cases that Congress authorized back in 1996 but which has been obstructed ever since.

Arizona's initial application went to the U.S. Attorney General, as the statute requires, but the Attorney General is the one who has been intentionally stalling a process that Congress passed for the specific purpose of speeding things up.

The USAG's response was predictable dithering, so Arizona has begun the process of taking the issue to the U.S. Court of Appeals for the D.C. Circuit.  Congress provided that the court's review would be de novo (i.e., from scratch without any deference to what the AG said), so it really does not matter that there is no AG decision to review.

Update:  The petition is now available here.  The case is Arizona v. Holder, No. 13-1237.

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Do you have a copy of the Court of Appeals filing?

Not yet, but I expect it shortly.

I understand that it is a simple document similar to a notice of appeal, and the substance comes later.

The original post has now been updated with a link to the petition.

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