Townsel v. Davis

Summary

The United States District Court for the Eastern District of California certifies a constitutional challenge to 28 U.S.C. § 2254(d) under Federal Rule of Civil Procedure 5.1. The court directs the Clerk to provide the certification and related filings to the United States Attorney General and sets August 11, 2025, as the deadline for intervention.

Holdings

1. When a party challenges the constitutionality of a federal statute in an action in which the United States is not a party, the court must certify the challenge to the appropriate attorney general under Federal Rule of Civil Procedure 5.1(b) and 28 U.S.C. § 2403. Because Townsel challenged the constitutionality of 28 U.S.C. § 2254(d), the court certified the challenge to the United States Attorney General.
2. The United States Attorney General could elect to intervene to address the constitutional issue within the period provided by Rule 5.1(c); in this case, the court set the deadline as August 11, 2025.

Questions Presented

1. Whether the court was required to certify Townsel's constitutional challenge to 28 U.S.C. § 2254(d) to the United States Attorney General under Federal Rule of Civil Procedure 5.1 and 28 U.S.C. § 2403.
2. Whether the Attorney General was entitled to intervene within the period specified by Rule 5.1(c).

Disposition

other