No. 95-8836October Term 1995Decided May 28, 1996Updated Jun 28, 1996
Felker v. Turpin
Ellis Felker challenged the Antiterrorism and Effective Death Penalty Act of 1996, arguing that its restrictions on second or successive habeas corpus petitions were unconstitutional.
Case status
Decided 9-0 · May 28, 1996 · Opinion by Justice Rehnquist
Majority
- Rehnquist
- O'Connor
- Scalia
- Kennedy
- Souter
- Thomas
- Ginsburg
- Breyer
- Stevens
- Current stage
- Decided
- Latest event
- Decision released May 28, 1996
- What it's about
Ellis Felker challenged the Antiterrorism and Effective Death Penalty Act of 1996, arguing that its restrictions on second or successive habeas corpus petitions were unconstitutional. The Supreme Court unanimously upheld the law, finding that it did not unconstitutionally suspend the writ of habeas corpus or strip the Court of its original jurisdiction.
Question presented
Do the Act's Title I provisions, preventing the Supreme Court from reviewing an appellate review panel's denial of leave to file a second habeas petition, unconstitutionally "suspend" the habeas writ and restrict the Court's authority to entertain original habeas petitions?
- Case path
Decision released May 28, 1996
- Area
Criminal Procedure
Timing
Decided May 28, 1996
The Court released its decision on May 28, 1996 without hearing oral argument.
Documents
Opinions
Rehnquist, Stevens, Souter, Breyer
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Grounding
- Grounding
- Primary-source trail available.
- Note
- Plain-English explainer. Official filings and opinions remain authoritative.
- Checked
- Jul 25, 2026
- Method
- Methodology