Jones v. Hendrix (21-857)
argument 21-857Jones v. Hendrix
Supreme Court of the United States
1h 19m
7 speakers
8 chapters
transcribed 6 days ago
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What is the central issue in Jones v. Hendrix and why does it matter?
We'll hear argument first this morning in Case 21-857, Jones v.
Hendricks. Mr. Ortiz. Mr. Chief Justice, it may please the Court. The Eighth Circuit ruled in this case that someone imprisoned for something the Court later determines has never been a crime, has no means to challenge his continued detention once his opportunity to file a 2255 motion runs out. He must remain in prison despite having done nothing wrong. But as this Court held in Davis... Conviction and punishment for an act that the law does not make criminal inherently results in a complete miscarriage of justice. The Eighth Circuit's ruling is wrong for four separate reasons. First, it violates the text of 2255E. Its key terms all indicate the traditional habeas relief should be available, that a prisoner should have one opportunity to have the correct law applied to his case.
The Eighth Circuit held, however, that so long as 2255 provides a purely formal opportunity to raise an issue, It doesn't matter whether the law applied is correct or wrong. Prisoners in this situation, moreover, do not even have that purely formal opportunity. They will almost always be barred from raising the issue in their initial 2255 motion. Second, the Eighth Circuit made the savings clause almost completely superfluous. It identified two categories of cases where it believed the saving clause applies, but the savings clause actually applies to neither. In both situations, the prisoner petitions under 2241, directly. Third, the Eighth Circuit created four independent constitutional difficulties.
It effectively suspended important use of the writ as originally understood, and it raised substantial due process, separation of powers, and Eighth Amendment concerns. It denied Jones any opportunity to ever test his claim under what has always been the correct law. Finally, The Eighth Circuit wrongly concluded that allowing savings clause relief would undermine Section 2255H. It does not. The saving clause and 2255H are independent, congressionally authorized routes to collateral review, and nothing suggests that in enacting Section 2255H in 1996, Congress intended to repeal the savings clause. The Eighth Circuit's repeal, by implication, is unjustified. Your Honors, the Eighth Circuit here moved that because the prisoner had a theoretical right to raise an opportunity, had the right to raise an opportunity in his initial 2255 motion, which was for, which substantively was foreclosed under existing circuit precedent, which this Court later declared wrong.
The possibility of en banc review or cert petition to this Court made his quest to have the correct law applied real. That represents an ineffective or inadequate remedy to test the legality of the prisoner's detention. There are three different problems with this, Your Honor. Before you get to
those, Counsel, it seems to me that you've got a basic — and your friend has the same type of conundrum — I mean, your problem, of course, is that you're sort of undermining EDPA. You're allowing to be revived the sort of claims that EDPA wanted to preclude. And I think it's a challenge to explain why that type of result would prevail. On the other hand, your friends have the problem that you've already identified. Well, what's the savings clause for if there's really nothing to save? And I guess as an abstract matter between those two types of problems, it seems to me that you have the more serious one, because it's really expressed. You know, these claims you can't bring, and then there's an exit, and you say, well, you can bring them over here.
That seems pretty – that's a hard reading to prevail on. Your friends, on the other hand, it's sort of a less extravagant argument to have to make. You've got a savings clause, and, you know, It doesn't save anything. It's just there in case it's needed. I mean, it is sort of not that — doesn't strike me as serious a conundrum.
Well, Your Honor, I think that mistakes a bit the structure of 2255 and the text and structure and purpose of 2255H in particular.
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Chapters
8 chapters
1
What is the central issue in Jones v. Hendrix and why does it matter?
0:00–10:30
2
How does the Eighth Circuit’s ruling on post‑conviction relief create a miscarriage of justice?
10:30–17:33
3
What is the role of the “savings clause” (2255E) and why is it contested?
17:33–26:55
4
How do sections 2255E and 2255H interact to determine the proper habeas forum?
26:55–37:59
5
Why is the actual‑innocence test pivotal to the petitioner’s claim?
37:59–49:50
6
What evidence suggests Congress intended the savings clause to be a backstop, not a new remedy?
49:50–59:40
7
How do procedural limits like race‑judicata and statutes of limitations affect successive petitions?
59:40–1:09:58
8
What are the parties’ final arguments and the Court’s likely resolution?
1:09:58–1:19:53