Felker v. Turpin
Headline: Court agrees to review 1996 law that limits death‑row habeas petitions, grants an emergency stay, and orders fast briefing—affecting death‑penalty prisoners’ federal appeals and review process.
Holding: The Court granted a stay of execution, agreed to hear whether the 1996 law limits its power over habeas petitions, and ordered expedited briefing and argument to decide those questions.
- Pauses execution while the Court reviews AEDPA limits.
- May limit Supreme Court review of some death‑row habeas petitions.
- Requires rapid briefing and a quick decision on major constitutional questions.
Summary
Background
A person sentenced to death asked the Court to pause the execution and to consider a habeas petition. The Court granted a stay of execution, allowed the petitioner to proceed without paying fees, and agreed to take the case for review. The order sets tight deadlines for briefs and schedules oral argument for June 3, 1996.
Reasoning
The Court limited the briefing to three central questions about the 1996 Anti‑Terrorism and Effective Death Penalty Act (Title I). The questions ask whether parts of that law unlawfully restrict the Court’s power, whether the law applies to habeas petitions filed here originally under 28 U.S.C. §2241, and whether applying the law would unconstitutionally suspend the writ of habeas corpus. The Court granted review, invited the Solicitor General to file a brief, and required expedited briefing to resolve those constitutional issues quickly. The order protects the petitioner from execution while the Court considers the questions, but it is not a final decision on the merits.
Real world impact
If the Court upholds the law, fewer death‑row habeas petitions may reach this Court and some challenges could be barred. If the Court rejects the law, access to Supreme Court review for some prisoners could remain broader. The expedited schedule means a faster nationwide answer on these competing rules, but the ruling could be changed on full consideration.
Dissents or concurrances
Justice Stevens, joined by Justices Souter, Ginsburg, and Breyer, dissented from the order, saying the expedited schedule is unnecessary and unwise.
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