Supreme Court of the United States

Henry W. Skinner v. Lynn Switzer

March 7, 2011179 L. Ed. 2d 233

Summary

Justice Thomas, joined by Kennedy and Alito, dissents from the Court's holding that Skinner may challenge Texas's postconviction DNA statute under 42 U.S.C. § 1983. Thomas argues due process challenges to state collateral review procedures are not cognizable under § 1983 and should proceed via habeas corpus, warning that the majority's approach undermines federal habeas restrictions. Justice Thomas respectfully dissents.