What Are We Fighting About?, Part IV--Orthodoxy and The Process of Scandal
I moved to Columbus, Ohio in 2011 to take a one-year position as a law clerk for a judge on the United States Court of Appeals. The Court of Appeals is the level below the Supreme Court, and so we would hear appeals from every sort of case that makes its way through the federal trial courts. We would also review what are called petitions for habeas corpus--supplementary appeals of criminal convictions (usually either life sentences or capital sentences) that occurred in state court. When I tell people about the cases we saw during my time associated with the court, many people assume that these criminal cases were the most interesting and engaging. But they were not, at least I didn't think so. More than anything else, those habeas cases were frustrating. The source of this frustration came in large part from a law called, and I am not making this up, "The Anti-Terrorism and Effective Death Penalty Act of 1996," commonly called "AEDPA." AEDPA was pa...