On its own initiative (over the objection of one panel member), a Ninth Circuit panel is considering whether the Antiterrorism and Effective Death Penalty Act of 1996 (AEPDA) violates Article III. AEDPA significantly restricts the scope of federal court review of state court decisions on federal habeas review. In Irons v. Casey, Docket No. 05-15275, the court is considering whether those restrictions "unconstitutionally prescribe[] the sources of law that the Judicial Branch must use in exercising its jurisdiction" and whether AEDPA "unconstitutionally prescribes the substantive rules of decision by which federal courts must decide constitutional questions that arise in state habeas cases."
For further commentary, including links to briefs filed by USDOJ and the California Attorney General's Office, see Lyle Denniston's commentary at SCOTUSblog here.
A man can fail many times, but he isn't a failure until he begins to blame somebody else.
Posted by: Nike Air Max | January 08, 2012 at 05:25 PM