For most of the last century, the Supreme Court has operated under an unwritten rule of four — the agreement of four of the nine justices is needed before the Court consents to docket and rule on a new case.
On Tuesday, the Court appeared to signal that a higher hurdle — a rule of five — is required before the justices will hear oral arguments in a new breed of habeas corpus petition filed by death row inmates directly to the Supreme Court. The shift could make it substantially harder for condemned prisoners to bring constitutional claims to the Court’s attention.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Not a Bloomberg Law Subscriber?
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]