Sunday, June 26, 2022

From ScotusBlog: Shoop v. Twyford

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Holding: A transportation order that allows a prisoner to search for new evidence — in this case an order compelling the state to transport Raymond Twyford to a medical facility for neurological testing — is not “necessary or appropriate in aid of” a federal court’s adjudication of a habeas corpus action when the prisoner has not shown that the desired evidence would be admissible in connection with a particular claim for relief.

Judgment: Reversed and remanded, 5-4, in an opinion by Chief Justice Roberts on June 21, 2022. Justice Breyer filed a dissenting opinion, in which Justices Sotomayor and Kagan joined. Justice Gorsuch filed a dissenting opinion.

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From Wikipedia: The All Writs Act.

The All Writs Act is a United States federal statute, codified at 28 U.S.C. § 1651, which authorizes the United States federal courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law."


The act in its original form was part of the Judiciary Act of 1789. The current form of the act was first passed in 1911[1] and the act has been amended several times since then,[2] but it has not changed significantly in substance since 1789.

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From Wikipedia: The Judiciary Act of 1789.


The Judiciary Act of 1789 (ch. 20, 1 Stat. 73) was a United States federal statute enacted on September 24, 1789, during the first session of the First United States Congress. It established the federal judiciary of the United States.[2][3][4][5][6] Article III, Section 1 of the Constitution prescribed that the "judicial power of the United States, shall be vested in one Supreme Court, and such inferior Courts" as Congress saw fit to establish. It made no provision for the composition or procedures of any of the courts, leaving this to Congress to decide.[7]

The existence of a separate federal judiciary had been controversial during the debates over the ratification of the Constitution. Anti-Federalists had denounced the judicial power as a potential instrument of national tyranny. Indeed, of the ten amendments that eventually became the Bill of Rights, five (the fourth through the eighth) dealt primarily with judicial proceedings. Even after ratification, some opponents of a strong judiciary urged that the federal court system be limited to a Supreme Court and perhaps local admiralty judges. Congress, however, decided to establish a system of federal trial courts with broader jurisdiction, thereby creating an arm for enforcement of national laws within each state.