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JB Emmons (intllawgnome@law.builders)'s status on Tuesday, 15-Nov-2022 03:25:46 JST JB Emmons
in reply to

Also, this is an anti-AEDPA / repeal-AEDPA account, and your account should be one too.
https://www.washingtonpost.com/opinions/2021/03/03/its-time-repeal-worst-criminal-justice-law-past-30-years/

In conversation Tuesday, 15-Nov-2022 03:25:46 JST from law.builders permalink
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  JB Emmons (intllawgnome@law.builders)'s status on Tuesday, 15-Nov-2022 03:25:47 JST JB Emmons
  - Steve Vladeck
  - RMFifthcircuit
  h/t to @stevevladeck via @RMFifthcircuit , this is a remarkable paragraph from #SCOTUS Justice Thomas calling on the #6thCircuit to exercise en banc review more frequently in #AEDPA cases.
  In his opinion dissenting from a denial of certiorari, Thomas calls out what he sees as "certain circuit judges’ 'taste for disregarding AEDPA'” and "other judges’ distaste for correcting ... blatant, repetitive, or corrosive of circuit law" en banc.
  https://www.supremecourt.gov/opinions/22pdf/21-1587_5468.pdf
  In conversation Tuesday, 15-Nov-2022 03:25:47 JST permalink
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  1. Text from Justice Thomas's dissent in Shoop v. Cunningham: These problems are serious enough even when courts carefully observe the limits that Congress and this Court have laid down. When a lower court wields its habeas jurisdiction in overt defiance of those limits, the affront to federalism and the rule of law becomes intolerable. The Sixth Circuit must do better, with or without this Court’s help. Unfortunately, the Sixth Circuit’s habeas jurisprudence suggests that certain circuit judges’ “taste for disregarding AEDPA,” Rapelje v. Blackston, (Scalia, J., dissenting from denial of certiorari), has found its natural complement in other judges’ distaste for correcting errors en banc, no matter how blatant, repetitive, or corrosive of circuit law. See, e.g., Issa v. Bradshaw, (CA6 2018); Mitts v. Bagley, (CA6 2010). Of course, reluctance in deploying en banc review is understandable. But only to a point. The Sixth Circuit’s habeas problems are well past that point—as evidenced by the depressing regularity with which petitions like this one reach us.
    https://law.builders/system/media_attachments/files/109/343/445/152/442/305/original/18bdbf4521905e2c.png
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