No. 95-8836October Term 1995Decided May 28, 1996
Felker v. Turpin
Congress could impose the Act's gatekeeping rules for repeat habeas petitions, and the Court said those rules were constitutional.
Case status
- 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
Briefing
What it's about
Ellis Felker argued that new limits in the Antiterrorism and Effective Death Penalty Act of 1996 on second or successive habeas corpus petitions were unconstitutional. The Supreme Court unanimously rejected that challenge and said the law did not suspend the habeas writ or strip the Court's original jurisdiction.
Vote
The Court ruled 9-0 to affirm. Chief Justice Rehnquist wrote the opinion, joined by Stevens, O'Connor, Scalia, Kennedy, Souter, Thomas, Ginsburg, and Breyer.
“The Act did not unconstitutionally suspend the writ of habeas corpus or strip the Court's original jurisdiction.”
Impact
The decision kept new federal limits on repeat habeas petitions in place. For example, a prisoner who already filed one habeas case must first clear an appellate screening panel before trying again.
What's next
The case ended at the Supreme Court with the lower-court result affirmed. In practice, the Act's screening rules continued to govern later second or successive habeas petitions.
What did the Supreme Court rule in Felker v. Turpin?
The Court unanimously upheld AEDPA's limits on second or successive habeas petitions. It said the law did not suspend habeas corpus or erase the Court's original role.
Who is affected by Felker v. Turpin?
Prisoners trying to file a second federal habeas challenge are most affected. They must first get permission from a federal appeals panel before moving ahead.
What happens next after Felker v. Turpin?
Nothing further was scheduled in this Supreme Court case. The decision kept the federal screening rules in place for later habeas filings.
Decision
What the Court decided
Congress could impose the Act's gatekeeping rules for repeat habeas petitions, and the Court said those rules were constitutional.
- Result
- Affirmed
Impact
The decision kept new federal limits on repeat habeas petitions in place. For example, a prisoner who already filed one habeas case must first clear an appellate screening panel before trying again.
Not official Court text.
Opinion documents
Timing
Decided May 28, 1996
The Court released its decision on May 28, 1996 without hearing oral argument.
Documents
Opinions
Rehnquist, Stevens, Souter, Breyer
Related cases




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 25, 2026
- Method
- Methodology