The Supreme Court case that lays bare the duplicity behind Alito's 'textualist' defense of his undisclosed private jet flights.
must languish behind bars, in some cases indefinitely, because of a court’s mistake. The ruling shut down a crucial remedy known as habeas relief for defendants who were convicted for conduct that a court later foundto be illegal. The petitioners are innocent; it is their sentences that are illegal. And yet Thomas and Alito declared that they must serve out these illegal sentences anyway.
To get around this commonsense conclusion, Thomas redefined the words “inadequate or ineffective” to mean something weirdly specific and unintuitive. The post-conviction process is only “inadequate and ineffective,” he wrote, if the court that sentenced the defendant has literally ceased to exist or become impossible to access.
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