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More Than "Slightly Retro:" The Rehnquist Court's Rout Of Habeas Corpus Jurisdiction In Teague V. Lane, James S. Liebman
More Than "Slightly Retro:" The Rehnquist Court's Rout Of Habeas Corpus Jurisdiction In Teague V. Lane, James S. Liebman
Faculty Scholarship
Someone I know, more a student of contemporary fashion than I, sometimes describes people dressed in uniformly dark clothing as "slightly retro." I am not sure of the allusion, but what I can discern leads me to think that the Supreme Court's nonretroactivity decisions beginning with Teague v. Lane are – puns aside – more than just "slightly retro."
The Court's innovation may be stated as follows: For 160 years, Congress empowered federal judges to order state officials to release or retry individuals held in custody in violation of federal law as those federal judges, and not the state officials, …