Supreme Court Justices Debate 'Previously Unavailable' Rule in Death Row Case
The U.S. Supreme Court recently heard arguments in Guerrero v. Johnson, a case concerning whether a Texas death row inmate, Dexter Johnson, can file a second federal post-conviction challenge to his sentence. Johnson argues that updated psychiatric standards, specifically the American Psychiatric Association's DSM-5, now classify him as intellectually disabled, making his execution unconstitutional under Atkins v. Virginia. The Antiterrorism and Effective Death Penalty Act of 1996 generally bars successive habeas petitions, but an exception exists for claims based on a 'new rule of constitutional law... that was previously unavailable.' Texas Solicitor General William Peterson contended that Atkins was decided before Johnson's crimes, meaning no 'new rule' was 'previously unavailable.' Justices debated the interpretation of 'previously unavailable,' with Justice Elena Kagan suggesting a rule is unavailable if it would have been dismissed in court. Justice Clarence Thomas expressed skepticism about when a r...