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No. 95-8836October Term 1995Decided May 28, 1996Updated Jun 28, 1996

Docket 95-8836October Term 1995 (1995–1996)

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
Case Accepted
Arguments
Decision ReleasedMay 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

Felker

Rehnquist, Stevens, Souter, Breyer

View full docket on supremecourt.gov

Grounding

Grounding
Primary-source trail available.
Note
Plain-English explainer. Official filings and opinions remain authoritative.
Checked
Jul 25, 2026
Primary materials3