The Yale Law Journal

Adam Horn

Forum

Scalia and the King: The Ancient Writ of Habeas Corpus and the Missing Legitimacy Core of Modern Habeas Law

Adam Horn

This Essay argues for reconceiving habeas corpus as a meaningful avenue for judicial power to push back against arbitrary executive power, and proposes a surprising source for this revival: Justice Scalia’s attack on the Sentencing Guidelines. Texas’s capital murder statute is proposed as ripe for s…