Garner, Former Chairman of the State Board of Pardons and Paroles of Georgia v. Jones — Souter, J., Dissenting

Summary

Justice Souter dissents from the Court's reversal of the Eleventh Circuit's grant of summary judgment for the respondent, arguing the parole policy change violates the Ex Post Facto Clause by creating a substantial risk of increased punishment without mitigating evidence. He criticizes the failure to require discovery on remand. Justice Scalia, concurring in part in the judgment, would reverse without remand and argues no Ex Post Facto violation occurred because policy decisions are discretionary.