Ever since 1867, the Great Writ of habeas corpus has been available to protect the federal constitutional rights of people convicted of state law crimes.1 Courts have often waxed poetic about the importance and necessity of the writ of habeas corpus in our federalism system. It has been affectionately described as the “fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action.”2
Despite its cherished position as the cornerstone of liberty, there has been an ongoing attack on the ability of habeas corpus to reach and correct constitutional violations occurring in the state courts. Over the past 35 years, the U.S. Supreme Court has steadily implemented nearly insurmountable procedural roadblocks to gaining habeas relief.3
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