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Open Season on Precedents

Strict Scrutiny

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The Saving Clause in 2255 Jones Can't Proceed Using Habeas

Most circuits have held yes under the savings clause in 2255 Jones can raise his claim in a habeas petition. The 8th Circuit adopted the minority position and that's actually a position that was pioneered by then Judge Gorsuch when he was on the 10th Circuit. Here the federal government agrees that Jones shouldn't get to proceed but it isn't defending the judgment of the 8th Circuit so the court appointed an amicus as it sometimes does. Former Kavanaugh Clerk Morgan Ratner argues that this clause never applies when the change in law involves a matter of statutory interpretation.

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