Irons

FILED

FOR PUBLICATION MAY 18 2005

CATHY A. CATTERSON, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

CARL MERTON IRONS, II, No. 05-15275

Petitioner - Appellee, D.C. No. CV-04-00220-LKK Eastern District of California, v. Sacramento

TOM L. CAREY, Warden,

ORDER

Respondent - Appellant.

Before: REINHARDT, NOONAN, and FERNANDEZ, Circuit Judges.

The parties are ordered to file supplemental briefs, not to exceed 25 pages,

within 28 days from the date of this order. The supplemental briefs shall discuss

the constitutionality of the standards that Congress has set forth in the

Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), 28 U.S.C. §

2254(d)(1). Specifically, the parties should discuss, in light of Marbury v.

Madison, 5 U.S. (1 Cranch) 137 (1803), and City of Boerne v. Flores, 521 U.S.

507, 536 (1997), whether AEDPA unconstitutionally prescribes the sources of

law that the Judicial Branch must use in exercising its jurisdiction or

unconstitutionally prescribes the substantive…