Henry Montgomery, Petitioner v. Louisiana. — Thomas, J., Dissenting

Summary

Justice Thomas, joined by Justice Scalia, dissents from the Court’s decision that state and federal post‑conviction courts must give retroactive effect to new substantive constitutional rules. He argues that the Constitution contains no text or historical tradition supporting such a right to collateral‑review remedies. Accordingly, he contends the majority’s jurisdictional holding lacks constitutional foundation.