Motion for the Ameerican Civil Liberties Union Amicus Curiae to Allow Oral Argument

    In The 

SUPREME COURT OF THE UNITED STATES 

October Term, 1971 

  

No. 68-5027 

Aikens, < 

Petitioner, 

California, 
Respondent. 

  

No. 69-5003 

  

  

Furman, 

: Petitioner, 

< Vv . 

Georgia, 
Respondent. 

No. 69-5030 

Jackson, es 

Petitioner, 

Vv’ 

Georgia, 
Respondent 

“No. 69-5031 

Branch, 
Petitioner, 

Vv. 

Texas, yf » 

Resgpondent. 

  

MOTION OF THE AMERICAN CIVIL LIBERTIES UNION, 

AMICUS CURIAE TO ALLOW ORAL ARGUMENT 
  

  

It is hereby respectfully moved pursuant to Rule 

44 (7) of the Rules of this Court that the American Civil 

  

 



      

Liberties Union, amicus curiae through its attorney Gerald H. 
  

Gottlieb, be afforded t! 2 opportunity to present oral argument 

in the above cases. In support of this application, movant 

would respectfully show the following. 

1. - The brief of the American Civil Liberties 

  

Union, amicus curiae was duly filed by order of the Court on 
: x 

October 12, 1971. 

2. The hletouic ifportance of these cases, which 

challonas the imposition of the death penalty as offensive to 

the Eighth and Fourteenth Amendments, cannot be overstated. 

This Court's resolution of these issues will affect not only 

the lives of hundreds of condemned men but also the cuality of 

criminal justice in our society. 

3, ‘Gerald HH. Gottlieb, Esq. of California, the 

wg they Of the American Civil Libe. ties Union brief. 

and the attorney who would present the argument for amicus 

curiae if this motion is granted, has devcted much of his time 

  

for over a decade to the study of capital punishment. In a 

1961 law review article he proposed the thesis that the death 

penalty was unconstitutional under the Eighth Amendment, the 

very issue which is before the Court. See Gottlieb, Testing 

  

the Death Penalty, 34 So. Cal. IL. ROY. 268 (1961). Since then 

he has assiduously gathered relevant factual and legal data and 

conferred with experts from the fields of psychiatry, PavoloaT 

and sociology concerning these issues, particularly with regard 

to the Corrs re hot Of & ie oi death upon those who 

face it. These investigations culminated im a 1967 monograph 

entitled "On capital Punishment, " a systematic survey of the 

  

 



      

issues, Since then, Mr. Gottlieb has participated, at both the 

trial and appellate level, in California cases challenging the 

death penalty. See Appendix A to the Brief of the American 

Civil Liberties Union in these cases. In short, Mr. GotELieh sy 

expertise with regard to the sensitive {sues before the Court 

is profound. : 

4, SecRnte ot his yvears of study addressed precise- 

ly to the issues in this case, Mr. Gottlieb is in a singularly 

unique position be assist the court and to respond to the 

Court's inquiries. 

WHEREFORE, amicus curiae respectfully requests 
[3 

  

that the Court grant this motion and allow oral argument to be 

presented by Gerald H. Gottlieb on behalf of the American Civil 

Liberties Union. 

Respectfully submitted, 

   SLAY) eee — 
Melvin IL. Wulf 

American Civil Liberties Union 

Foundation 

156 Fifth Avenue 

New York, New Tork 10010 

  

  January 11, 1972 | Hy . Attorney for Movant 

  

 



  

CERTIFICATE OF SERVICE 

1 here certify that on this 11th day of January, 

1972, copies of this motion were mailed, postage prepaid, to 

Jack Greenberg, Esg., Suite 2030, 10 Columbus Circle, New York, 

‘ *4 

New York, 10019; Anthony C. Amsterdam, Esq., Stanford Law School, 

Stanford, California 94305 ; Honorable Ronald George, Asst., 

Attorney General of california, 600 State Building, Los Angeles, 

California 80042; Mrs. Elizabeth DuBois, Esqg., Suite 2030, 

10 coluiohs circle, New York, New York 10019; Mrs. Dorothy T. 

seasiey, Asst. Attorney General of Georgia, 132 State Judicial 

Building, 40 capitol Square, Atlanta, Genrgia 30334; Michael 

Melisner, Esg., Suite 2030, 10 Columbus Circle, New York, New 

York 10019: Melvyn Carson Bruder, Esq., Suite 300, Lawyers . 

Building, Dallas, Texas 50004 Cinriag Alan Wright, ESq., 

University of Seung at Austin, School of Law, 2500 Red River, 

Austin, Texas 75202; Hilbert P. Zarky, Esq., 1800 Century Park 

East, Los AdiZoles. california 90007; Chauncey Eskridge, Esdqg., 

Suite 1500, 110 South Dearborn Street, Chicago, Illinois 60603; 

1.20 Pfeffer, BEag., 15 East B4th aLveet; New York, New York 

10028, attorneys for the respondents. I further certify that 

all parties required to be served have been served. 

: 

Al AA . , | ! oa 

Melvin L. Wulf 
  

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