Authored by: Sloane E. Saxon
The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) significantly altered the federal habeas process by restricting federal and state prisoners’ ability to seek second or successive relief. In its thirty-year history, AEDPA has generated numerous circuit splits, including a disagreement over whether federal courts are mandated to dismiss previously raised habeas claims brought by federal prisoners.
This article discusses the Supreme Court’s recent decision in Bowe v. United States. Authored by Justice Sotomayor, the decision confirmed that unlike state prisoners, federal prisoners are not barred from filing second or successive motions for habeas relief.
This article also discusses the concurring opinion of Justice Jackson and the dissenting opinion of Justice Gorsuch. Justice Jackson’s concurrence addresses the Court’s certiorari jurisdiction primarily, while Justice Gorsuch’s dissent argues that the majority’s statutory interpretation disregards both AEDPA’s purpose and its plain language.
American Journal of Trial Advocacy 