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Alignment is each justice's general judicial philosophy as commonly described, not a party. Justices don't belong to parties, and they don't always vote with their bloc.
Alignment is each justice's general judicial philosophy as commonly described, not a party. Justices don't belong to parties, and they don't always vote with their bloc.
No. 25-1003 · October Term 2026
Does a claim rely on a “previously unavailable” new rule of constitutional law, permitting a successive habeas petition, when the prisoner could have raised a claim based on that rule in an earlier petition?
Dexter Johnson kidnapped, raped, and murdered Maria Aparece in June 2006, years after the Supreme Court decided Atkins v. Virginia, 536 U.S. 304 (2002), which held the Eighth Amendment prohibits executing intellectually disabled people. At trial, Johnson’s own defense expert tested his IQ between 74 and 88, concluded he showed no obvious adaptive deficits, and opined that he was not intellectually disabled. Johnson was convicted of capital murder and sentenced to death in June 2007. Johnson did not raise an Atkins claim in his initial state habeas application or his initial federal habeas petition filed in 2011. Instead, he argued that the Atkins principles should extend to the mentally ill. In May 2013, the American Psychiatric Association published the DSM-5, which substantially revised intellectual disability diagnosis by de-emphasizing IQ score cutoffs and recognizing that individuals with scores above 70 could still qualify. Johnson's federal habeas petition was denied in August 2013—just months after the DSM-5’s publication. Johnson’s counsel, aware of the DSM-5, chose not to develop an Atkins claim, citing concerns about unfavorable Texas state court standards and his…
From Oyez.