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Ketanji Brown Jackson Stands Firm—and Alone—on Compassionate Release
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Ketanji Brown Jackson Stands Firm—and Alone—on Compassionate Release

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Jurisprudence Photo illustration by Slate. Photos by Chip Somodevilla/Getty Images and supremecourt.gov Does the inaccuracy or unfairness of an underlying conviction count as an “extraordinary and compelling reason” for compassionate release? The U.S. Supreme Court considered this question in Thursday’s ruling in Fernandez v. United States and decided 8–1 that it does not. This case is unusual because innocent prisoners typically petition for federal habeas corpus relief, not compassionate release. Federal habeas corpus petitions attack the conviction and open up the possibility of compensation if the petitioner can demonstrate their innocence. So, why would an innocent prisoner seek compassionate release? Because Congress and the Supreme Court have severely limited prisoners’ access to federal habeas corpus relief over the past several decades.…

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