Supreme Court hears arguments in Rivers v. Guerrero over whether AEDPA bars mid‑appeal habeas amendments

The Supreme Court heard argument in Rivers v. Guerrero (No. 231345) about whether the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) bars a prisoner from asking a district court to consider new claims or new evidence when the prisoner's first federal habeas appeal is still pending.

Counsel for the petitioner, Mr. Brueland, told the justices that "Congress did not slam the door on exculpatory evidence that emerges while a prisoner's first habeas case is on appeal," arguing that historical practice before AEDPA treated mid‑appeal efforts to amend as matters for the district court to decide, not as "second or successive" petitions subject to AEDPA's gatekeeping. Brueland urged the court to reverse the lower court's dismissal and remand so the district court could consider the new material, saying in argument, "This court should reverse and remand."

Opposing counse…