Hohn v. United States

Summary

Justice Kennedy, joined by Justices Stevens, Souter, Ginsburg, and Breyer, held that 28 U.S.C. § 1254(1) authorizes Supreme Court review of denials of certificates of appealability by circuit judges or courts of appeals. A certificate application is a case in the court of appeals, notwithstanding its threshold character. The Court overruled House v. Mayo insofar as it denied statutory certiorari jurisdiction over certificate denials, vacated the Eighth Circuit's judgment, and remanded in light of the Government's changed position. Justice Souter concurred separately, explaining that although he would otherwise have preferred common-law certiorari, the weakness of House and the value of a clear jurisdictional majority justified joining the Court. Justice Scalia, joined by Chief Justice Rehnquist and Justices O'Connor and Thomas, dissented, arguing that the statutory text barred review, stare decisis required adherence to House, and extraordinary relief under the All Writs Act was unwarranted.