THE PROMISE OF HABEAS CORPUS POST-VAVILOV:

THE PRINCIPLE OF LEGALITY

Abstract

This paper evaluates the status of habeas corpus after the Supreme Court’s decision in Vavilov from the perspective of the principle of legality. It suggests that while Vavilov should change how habeas corpus applications are reviewed, some courts post-Vavilov are not exploring these options. Instead, some courts are simply referring to the pre-Vavilov state of the law, which focuses on the presumed expertise of prison decision-makers. Renewing the promise of habeas corpus, post-Vavilov, will ask courts to re-evaluate the model of carceral expertise they have constructed.