Supreme Court Commentaries
Constitutional Law | Law
In Burton v. Stewart, the Supreme Court narrowly avoided deciding whether Blakely v. Washington is a "new" rule as well as a related question of whether Blakely should be applied retroactively on collateral review. Instead, the Court ruled that Mr. Burton's petition for review did not meet the "gatekeeping requirements of 28 U.S.C. § 2244(b)." By deciding Burton on procedural grounds rather than considering the merits of the underlying claims upon which certiorari was granted, the Court delayed consideration of important issues, which are likely to resurface.
Michael Goodman, Burton v. Stewart: Reconsidering What Makes a Supreme Court Decision ‘New’, 2 Duke Journal of Constitutional Law & Public Policy Sidebar 39-58 (2007).