Wilkinson v. Dotson — Scalia, J., Concurring

Summary

Justice Scalia joins the majority opinion holding that state prisoners' claims challenging discretionary parole procedures may be brought under 42 U.S.C. § 1983 rather than habeas corpus, as they do not necessarily imply speedy release. Justice Scalia writes separately to explain that expanding habeas relief to mandate new parole hearings would sever the writ from its common-law roots and exceed statutory authorization.