Editor's Note :

Editor's Note :

We expect orders from the March 24 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday, March 28 and Wednesday, March 29.
On Monday the court hears oral argument in Advocate Health Care Network v. Stapleton. Ronald Mann has our preview.
On Monday the court also hears oral argument in TC Heartland LLC v. Kraft Foods Group Brands LLC. Ronald Mann has our preview.

McQuiggin v. Perkins

Docket No. Op. Below Argument Opinion Vote Author Term
12-126 6th Cir. Feb 25, 2013
Tr.
May 28, 2013 5-4 Ginsburg OT 2012
 
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Holding: Actual innocence, if proved, serves as a gateway through which a petitioner may pass whether the impediment to consideration of the merits of a constitutional claim is a procedural bar, as it was in Schlup v. Delo and House v. Bell, or expiration of the Antiterrorism and Effective Death Penalty Act statute of limitations, as in this case.

Plain English Summary:

Judgment: Vacated and remanded, 5-4, in an opinion by Justice Ginsburg on May 28, 2013. Justice Scalia filed a dissenting opinion, in which the Chief Justice and Justice Thomas joined and in which Justice Alito joined as to Parts I, II, and III.

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Holding: Actual innocence, if proved, serves as a gateway through which a petitioner may pass whether the impediment to consideration of the merits of a constitutional claim is a procedural bar, as it was in Schlup v. Delo and House v. Bell, or expiration of the Antiterrorism and Effective Death Penalty Act statute of limitations, as in this case.   JudgmentVacated and remanded, 5-4, in an opinion by Justice Ginsburg on May 28, 2013. Justice Scalia filed a dissenting opinion, in which the Chief Justice and Justice Thomas joined and in which Justice Alito joined as to Parts I, II, and III.
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