Adam Unikowsky has this lengthy posting at his Substack site titled “Imprisoning innocent people is bad; Section 2255 should be fixed immediately.” The full piece is worth a full read for anyone interested in federal habeas law and the Supreme Court’s work in Jones v. Hendrix (basics here). Here is a taste and a preview (emphasis from original):
Jones’s holding seems pretty ghoulish. But Justice Thomas’s majority opinion is well-written and persuasive. He puts forward a powerful argument that under the plain text of the applicable federal statutes, federal prisoners are forbidden from bringing this type of challenge.
Justice Jackson’s dissent is also well-written and persuasive. She puts forward a powerful argument that the majority’s interpretation conflicts with congressional intent and would lead to unfair consequences. In the end, Jones presents a tough, close issue.
The purpose of this post is not to defend one side or the other of Jones. It’s to advocate a statutory fix that would allow federal prisoners to file successive Section 2255 petitions when new Supreme Court decisions establish their innocence.
This is not a tough, close issue. It is an obviously correct position that should prevail by unanimous voice votes in the House and Senate.
Prior related posts:
- By expected 6-3 vote, SCOTUS in Jones v. Hendrix limits reach of habeas corpus statute, § 2241, for federal prisoners
- Early (mostly critical) commentary on Jones v. Hendrix
- How many legally innocent federal prisoners are stymied by Jones and do they have other pathways to relief?
- A little more critical commentary on Jones v. Hendrix