Delo v. Stokes/Dissent Stevens

by John Paul Stevens

Justice STEVENS, with whom Justice BLACKMUN joins, dissenting.

In my opinion both the District Court and the Court of Appeals-particularly when acting en banc-are in a far better position than this Court to determine whether a successive petition for habeas corpus constitutes an abuse of the writ. Accordingly, I respectfully dissent from the Court's summary disposition of the application to vacate the stay entered by the District Court and upheld by the Court of Appeals.

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