Harbison v. Bell

Summary

Justice Thomas concurred in the judgment, agreeing that no certificate of appealability was required to appeal the issue presented and that 18 U.S.C. § 3599 entitles eligible state postconviction litigants to federally funded counsel for available state clemency proceedings. He reasoned that the statute's text contains no federal-forum limitation and that courts may not add one based on policy concerns or perceived drafting problems. Chief Justice Roberts, concurring in the judgment, agreed that counsel covers state clemency but would construe the statute to exclude later state judicial proceedings.