The Not-so-Great Writ: Reevaluating Habeas Corpus in the Age of AEDPA
By: Darnell Epps
ABSTRACT. This Note examines the evolution and current application of the federal writ of habeas corpus in American legal history, particularly in light of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). It discusses the historical importance of the writ as a fundamental aspect of liberty and its pivotal role in protecting constitutional rights against arbitrary detentions. The Note’s focus then shifts to how the enactment of AEDPA has significantly curtailed the effectiveness of habeas corpus, analyzing whether such restrictions are compatible with constitutional principles, especially regarding the powers of federal courts and state judiciaries. The Note posits that AEDPA, as interpreted by the U.S. Supreme Court, may infringe upon the Constitution’s Non-Suspension Clause and weaken the federal judiciary’s ability to oversee state criminal proceedings, ultimately advocating for a repeal or substantial modification of AEDPA to restore habeas corpus to its traditional Reconstruction-era role.