Monday, April 8, 2024

NYT Coverage of Brenda Andrew's Case and Submitted Sex Stereotyping Amicus Brief

Adam Liptak of the New York Times wrote on April 1st covering Brenda Andrew's case before the Supreme Court. The article, titled Did Prosecutors’ Sex Shaming Help Send Brenda Andrew to Death Row?, included a cite to the amicus brief previously covered by this Blog and available here. The article cites one of Andrew's lawyers stating: 

Every single day the state was presenting gendered evidence about her appearance, about her clothing, about her sexual practices, about her skills as a mother,” she said. “We’ve got someone who is at risk of execution for not conforming to gender stereotypes.

The Supreme Court is deciding whether to hear the case. The questions on certiorari are excerpted below from the full opinion

  1. Whether clearly established federal law as determined by this Court forbids the prosecution’s use of a woman’s plainly irrelevant sexual history, gender presentation, and role as a mother and wife to assess guilt and punishment.
  2. Whether this Court should summarily reverse in light of cumulative effect of the errors in this case at guilt and sentencing, including the introduction of a custodial statement made without the warnings Miranda v. Arizona, 384 U.S. 436 (1966) requires.

Courts, Gender, SCOTUS | Permalink


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