Lead Opinion
delivered the opinion of the Court.
Title I of the Antiterrorism and Effective Death Penalty-Act of 1996 (Act) works substantial changes to chapter 153 of Title 28 of the United States Code, which authorizes federal courts to grant the writ of habeas corpus. Pub. L. 104-132, 110 Stat. 1217. We hold that the Act does not preclude this Court from entertaining an application for habeas corpus relief, although it does affect the standards governing the granting of such relief. We also conclude that the availability of such relief in this Court obviates any claim by petitioner under the Exceptions Clause of Article III, § 2, of the Constitution, and that the operative provisions of the Act do not violate the Suspension Clause of the Constitution, Art. I, §9.
I
On a night in 1976, petitioner approached Jane W. in his car as she got out of hers. Claiming to be lost and looking for a party nearby, he used a series of deceptions to induce Jane to accompany him to his trailer home in town. Peti
Petitioner was paroled four years later. On November 23, 1981, he met Joy Ludlam, a cocktail waitress, at the lounge where she worked. She was interested in changing jobs, and petitioner used a series of deceptions involving offering her a job at “The Leather Shoppe,” a business he owned, to induce her to visit him the next day. The last time Joy was seen alive was the evening of the next day. Her dead body was discovered two weeks later in a creek. Forensic analysis established that she had been beaten, raped, and sodom- . ized, and that she had been strangled to death before being left in the creek. Investigators discovered hair resembling petitioner’s on Joy’s body and clothes, hair resembling Joy’s in petitioner’s bedroom, and clothing fibers like those in Joy’s coat in the hatchback of petitioner’s car. One of petitioner’s neighbors reported seeing Joy’s car at petitioner’s house the day she disappeared.
A jury convicted petitioner of murder, rape, aggravated sodomy, and false imprisonment. Petitioner was sentenced to death on the murder charge. The Georgia Supreme Court affirmed petitioner’s conviction and death sentence, Felker v. State,
Petitioner then filed a petition for a writ of habeas corpus in the United States District Court for the Middle District of Georgia, alleging that (1) the State’s evidence was insuffi
The State scheduled petitioner’s execution for the period May 2-9, 1996. On April 29, 1996, petitioner filed a second petition for state collateral relief. The state trial court denied this petition on May 1, and the Georgia Supreme Court denied certiorari on May 2.
On April 24, 1996, the President signed the Act into law. Title I of this Act contained a series of ámendments to existing federal habeas corpus law. The provisions of the Act pertinent to this case concern second or successive ha-beas corpus applications by state prisoners. Section 106(b) specifies the conditions under which claims in second or successive applications must be dismissed, amending 28 U. S. C. § 2244(b) to read:
“(1) A claim presented in a second or successive ha-beas corpus application under section 2254 that was presented in a prior application shall be dismissed.
“(2) A claim presented in a second or successive ha-beas corpus application under section 2254 that was not presented in a prior application shall be dismissed unless—
“(A) the applicant shows that the claim relies on a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable; or
*657 “(B)(i) the factual predicate for the claim could not have been discovered previously through the exercise of due diligence; and
“(ii) the facts underlying the claim, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable fact-finder would have found the applicant guilty of the underlying offense.”
Title 28 U.S.C. § 2244(b)(3) (1994 ed., Supp. II) creates a “gatekeeping” mechanism for the consideration of second or successive applications in district court. The prospective applicant must file in the court of appeals a motion for leave to file a second or successive habeas application in the district court. § 2244(b)(3)(A). A three-judge panel has 30 days to determine whether “the application makes a prima facie showing that the application satisfies the requirements of” § 2244(b). § 2244(b)(3)(C); see §§ 2244(b)(3)(B), (D). Section 2244(b)(3)(E) specifies that “[t]he grant or denial of an authorization by a court of appeals to file a second or successive application shall not be appealable and shall not be the subject of a petition for rehearing or for a writ of certiorari.”
On May 2,1996, petitioner filed in the United States Court of Appeals for the Eleventh Circuit a motion for stay of execution and a motion for leave to file a second or successive federal habeas corpus petition under §2254. Petitioner sought to raise two claims in his second petition, the first being that the state trial court violated due process by equating guilt “beyond a reasonable doubt” with “moral certainty” of guilt in voir dire and jury instructions. See Cage v. Louisiana,
The Court of Appeals denied both motions the day they were filed, concluding that petitioner’s claims had not been presented in his first habeas petition, that they did not meet the standards of § 2244(b)(2), and that they would not have satisfied pre-Act standards for obtaining review on the merits of second or successive claims.
II
We first consider to what extent the provisions of Title I of the Act apply to petitions for habeas corpus filed as original matters in this Court pursuant to 28 U. S. C. §§ 2241 and 2254. We conclude that although the Act does impose new conditions on our authority to grant relief, it does not deprive this Court of jurisdiction to entertain original habeas petitions.
A
Section 2244(b)(3)(E) prevents this Court from reviewing a court of appeals order denying leave to file a second ha-
Yerger’s holding is best understood in the light of the availability of habeas corpus review at that time. Section 14 of the Judiciary Act of 1789 authorized all federal courts, including this Court, to grant the writ of habeas corpus when prisoners were “in custody, under or by colour of the authority of the United States, or [were] committed for trial before some court of the same.” Act of Sept. 24, 1789, ch. 20, § 14, 1 Stat. 82.
The Act of 1867 also expanded our statutory appellate jurisdiction to authorize appeals to this Court from the final decision of any circuit court on a habeas petition. 14 Stat. 386. This enactment changed the result of Barry v. Mercein,
In Yerger, we considered whether the Act of 1868 deprived us not only of power to hear an appeal from an inferior court’s decision on a habeas petition, but also of power to entertain a habeas petition to this Court under § 14 of the Act of 1789. We concluded that the 1868 Act did not affect our power to entertain such habeas petitions. We explained that the 1868 Act’s text addressed only jurisdiction over appeals conferred under the Act of 1867, not habeas jurisdiction conferred under the Acts of 1789 and 1867. We rejected the suggestion that the Act of 1867 had repealed our habeas power by implication. Yerger,
Turning to the present case, we conclude that Title I of the Act has not repealed our authority to entertain original habeas petitions, for reasons similar to those stated in Yerger. No provision of Title I mentions our authority to entertain original habeas petitions; in contrast, § 103 amends the Federal Rules of Appellate Procedure to bar consider
This conclusion obviates one of the constitutional challenges raised. The critical language of Article III, §2, of the Constitution provides that, apart from several classes of cases specifically enumerated in this Court’s original jurisdiction, “[i]n all the other Cases . . . the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.” Previous decisions construing this clause have said that while our appellate powers “are given by the constitution,” “they are limited and regulated by the [Judiciary Act of 1789], and by such other acts as have been passed on the subject.” Durousseau v. United States,
B
We consider next how Title I affects the requirements a state prisoner must satisfy to show he is entitled to a writ of habeas corpus from this Court. Title I of the Act has changed the standards governing our consideration of habeas petitions by imposing new requirements for the granting of relief to state prisoners. Our authority to grant habeas relief to state prisoners is limited by § 2254, which specifies the conditions under which such relief may be granted to “a person in custody pursuant to the judgment of a State court.”
Section 2244(b) addresses second or successive habeas petitions. Section 2244(b)(3)’s “gatekeeping” system for second petitions does not apply to our consideration of habeas petitions because it applies to applications “filed in the district court.” § 2244(b)(3)(A). There is no such limitation, however, on the restrictions on repetitive and new claims imposed by §§ 2244(b)(1) and (2). These restrictions apply without qualification to any “second or successive habeas corpus application under section 2254.” §§ 2244(b)(1), (2).
III
Next, we consider whether the Act suspends the writ of habeas corpus in violation of Article I, § 9, clause 2, of the Constitution. This Clause provides that “[t]he Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”
The writ of habeas corpus known to the Framers was quite different from that which exists today. As we explained previously, the first Congress made the writ of habeas corpus available only to prisoners confined under the authority of the United States, not under state authority. Supra, at 659-660; see Ex parte Dorr,
It was not until 1867 that Congress made the writ generally available in “all cases where any person may be restrained of his or her liberty in violation of the constitution, or of any treaty or law of the United States.” Supra, at 659. And it was not until well into this century that this Court interpreted that provision to allow a final judgment of conviction in a state court to be collaterally attacked on habeas. See, e. g., Waley v. Johnston,
The Act requires a habeas petitioner to obtain leave from the court of appeals before filing a second habeas petition in the district court. But this requirement simply transfers from the district court to the court of appeals a screening function which would previously have been performed by the district court as required by 28 U. S. C. § 2254 Rule 9(b). The Act also codifies some of the pre-existing limits on successive petitions, and further restricts the availability of relief to habeas petitioners. But we have long recognized that “the power to award the writ by any of the courts of the United States, must be given by written law,” Ex parte Bollman,
The new restrictions on successive petitions constitute a modified res judicata rule, a restraint on what is called in habeas corpus practice “abuse of the writ.” In McCleskey v. Zant,
> I
We have answered the questions presented by the petition for certiorari in this case, and we now dispose of the petition
“A petition seeking the issuance of a writ of habeas corpus shall comply with the requirements of 28 U. S. C. §§ 2241 and 2242, and in particular with the provision in the last paragraph of § 2242 requiring a statement of the ‘reasons for not making application to the district court of the district in which the applicant is held.’ If the relief sought is from the judgment of a state court, the petition shall set forth specifically how and wherein the petitioner has exhausted available remedies in the state courts or otherwise comes within the provisions of 28 U. S. C. § 2254(b). To justify the granting of a writ of habeas corpus, the petitioner must show exceptional circumstances warranting the exercise of the Court’s discretionary powers and must show that adequate relief cannot be obtained in any other form or from any other court. These writs are rarely granted.”
Reviewing petitioner’s claims here, they do not materially differ from numerous other claims made by successive ha-beas petitioners which we have had occasion to review on stay applications to this Court. Neither of them satisfies the requirements of the relevant provisions of the Act, let alone the requirement that there be “exceptional circumstances” justifying the issuance of the writ.
* * *
The petition for writ of certiorari is dismissed for want of jurisdiction. The petition for an original writ of habeas corpus is denied.
It is so ordered.
Notes
Section 14 is the direct ancestor of 28 U. S. C. § 2241, subsection (a) of which now states in pertinent part: “Writs of habeas corpus may be granted by the Supreme Court, any justice thereof, the district courts and any circuit judge within their respective jurisdictions.”
This language from the 1867 Act is the direct ancestor of § 2241(c)(3), which states: “The writ of habeas corpus shall not extend to a prisoner unless . . . [h]e is in custody in violation of the Constitution or laws or treaties of the United States.”
Section 103 of the Act amends Federal Rule of Appellate Procedure 22(a) to read: “An application for a writ of habeas corpus shall be made to the appropriate district court. If application is made to a circuit judge, the application shall be transferred to the appropriate district court. If an application is made to or transferred to the district court and denied, renewal of the application before a circuit judge shall not be permitted. The applicant may, pursuant to section 2253 of title 28, United States Code, appeal to the appropriate court of appeals from the order of the district court denying the writ.”
As originally enacted in 1948, 28 U. S. C. § 2254 specified that “[a]n application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court shall not be granted unless it appears that the applicant has exhausted the remedies available in the courts of the State.” 28 U. S. C. §2254 (1946 ed., Supp. III). The reviser’s notes, citing Ex parte Hawk,
Concurrence Opinion
with whom Justice Souter and Justice Breyer join, concurring.
While I join the Court’s opinion, I believe its response to the argument that the Act has deprived this Court of áppel-
As the Court correctly concludes, the Act does not divest this Court of jurisdiction to grant petitioner relief by issuing a writ of habeas corpus. It does, however, except the category of orders entered by the courts of appeals pursuant to 28 U. S. C. § 2244(b)(3) (1994 ed., Supp. II) from this Court’s statutory jurisdiction to review cases in the courts of appeals pursuant to 28 U. S. C. § 1254(1). The Act does not purport to limit our jurisdiction under that section to review interlocutory orders in such cases, to limit our jurisdiction under § 1254(2), or to limit our jurisdiction under the All Writs Act, 28 U. S. C. § 1651.
Accordingly, there are at least three reasons for rejecting petitioner’s argument that the limited exception violates Article III, § 2. First, if we retain jurisdiction to review the gatekeeping orders pursuant to the All Writs Act — and petitioner has not suggested otherwise — such orders are not immune from direct review. Second, by entering an appropriate interlocutory order, a court of appeals may provide this Court with an opportunity to review its proposed disposition of a motion for leave to file a second or successive habeas application. Third, in the exercise of our habeas corpus jurisdiction, we may consider earlier gatekeeping orders entered by the court of appeals to inform our judgments and provide the parties with the functional equivalent of direct review. In this case the Court correctly denies the writ of habeas corpus because petitioner’s claims do not satisfy the requirements of our pre-Act jurisprudence or the requirements of the Act, including the standards governing the court of appeals’ gatekeeping function.
Concurrence Opinion
with whom Justice Stevens and Justice Breyer join, concurring.
I join the Court’s opinion. The Court holds today that the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. 104-132, 110 Stat. 1217, precludes our review, by “eertio-
Such a petition is commonly understood to be “original” in the sense of being filed in the first instance in this Court, but nonetheless for constitutional purposes an exercise of this Court’s appellate (rather than original) jurisdiction. See Oaks, The “Original” Writ of Habeas Corpus in the Supreme Court, 1962 S. Ct. Rev. 153.
See, e. g., Hart, The Power of Congress to Limit the Jurisdiction of Federal Courts: An Exercise in Dialectic, 66 Harv. L. Rev. 1362, 1364-1365 (1953) (articulating “essential functions” limitation on the Exceptions Clause); Ratner, Congressional Power Over the Appellate Jurisdiction of the Supreme Court, 109 U. Pa. L. Rev. 157, 160-167 (1960) (same); Gunther, Congressional Power to Curtail Federal Court Jurisdiction: An Opinionated Guide to the Ongoing Debate, 36 Stan. L. Rev. 895, 896-899 (1984) (taking a broad view of Congress’s authority, but noting ongoing scholarly debate); Caminker, Why Must Inferior Courts Obey Superior Court Precedents?, 46 Stan. L. Rev. 817, 828-837 (1994) (noting that the “essential functions” argument may find textual support, with respect to the lower federal courts, in the requirement of Art. I, § 8, cl. 9, that such courts be “inferior to the supreme Court”).