The Supreme Court Has Dealt a Major Blow to the Right to Effective Legal Counsel
All people should have the right to effective legal representation when they’re facing criminal charges. But the Supreme Court has just issued a ruling that severely curtails that basic right.
The majority opinion in Shinn v. Martinez Ramirez undermines criminal defendants’ right to effective legal counsel. (Getty Images)
Just weeks after a leaked Supreme Court draft opinion signaled the end of a constitutional right to an abortion, a final opinion issued by the 6-3 conservative supermajority undermined another enshrined right: effective assistance of counsel.
In Shinn v. Martinez Ramirez, the majority opinion, written by Clarence Thomas, held that federal courts may not conduct evidentiary hearings in cases involving state prisoners who lacked sufficient counsel — a right that is guaranteed by the Sixth Amendment.
As Leah Litman, a University of Michigan Law professor writes in Slate:
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