Roper v. Weaver — Scalia, J., dissenting

Summary

Justice Scalia, joined by Justices Thomas and Alito, dissents from the Court's dismissal of the writ as improvidently granted. He argues that AEDPA applies to post-AEDPA habeas petitions regardless of prior District Court error and that the respondent failed to exhaust appeals of the erroneous dismissal. Scalia concludes the respondent should not escape AEDPA's collateral consequences and would reverse the Eighth Circuit. Chief Justice Roberts concurred in the result.