Lisa Marie Montgomery v. Jeffrey A. Rosen, Acting Attorney General, et al.
1. Federal regulations provide that "[i]f the date designated for execution passes by reason of a stay of execution, then a new date shall be designated promptly by the Director of the Federal Bureau of Prisons when the stay is lifted." 28 C.F.R. § 26.3(a)(1) (emphasis added).
The first question presented is whether, consistent with § 26.3(a)(1), the Director may designate a new execution date for a person condemned to death while a stay of that person's execution is in place.
2. A panel of the D.C. Circuit summarily reversed the reasoned decision of the district court on a motion and without full briefing.
The second question presented is whether a federal court of appeals may summarily reverse the decision of a district court on an important question of first impression.
whether the director may designate a new execution date while a stay is in place