Listen & Download

On May 17, 2021 the Supreme Court decided Edwards v. Vannoy. The issue was whether the Supreme Court’s decision in Ramos v. Louisiana applies retroactively to cases on federal collateral review.

In a 6-3 opinion authored by Justice Kavanaugh, the Court affirmed the ruling of the United States Court of Appeals for the Fifth Circuit, holding, “The jury-unanimity rule announced in Ramos v. Louisiana does not apply retroactively on federal collateral review.”

Justice Thomas filed a concurring opinion, in which Justice Gorsuch joined. Justice Gorsuch filed a concurring opinion, in which Justice Thomas joined. Justice Kagan filed a dissenting opinion, in which Justices Breyer and Sotomayor joined.

Kent Scheidegger, Legal Director & General Counsel at the Criminal Justice Legal Foundation, joins us to discuss this decision and its implications.