Lafler v. Cooper — Scalia, J., dissenting

Summary

Justice Scalia dissents, arguing the Court creates a new judicially invented right to effective plea bargaining that conflicts with Strickland and Fretwell. He contends prejudice requires showing the trial was fundamentally unfair, not merely that a plea opportunity was lost. The remedy ordered is unprecedented and rests on discretionary trial court authority. Justice Alito, dissenting, would have held that no prejudice existed and the Court violates AEDPA.