LogFAQs > #965245701

LordoftheMorons posted...

Jesus Christ

https://twitter.com/radleybalko/status/1528752030772346880

Don't agree with this decision. Why do you only have a right to counsel pre-conviction? If you had ineffective counsel pre-conviction then you need effective counsel post-conviction to get the conviction vacated. Otherwise you never get to exercise your right to counsel at all because your pre-conviction counsel was ineffective!

I get the general principle here (the Supreme Court may not make or change laws in contradiction to laws passed by Congress and many many cases going back to the FDR's appointees in the late 1930s are illegitimate and need to be overturned). But this feels like a constitutional issue, where the 6th Amendment should control over any statute passed by Congress. SCOTUS has the power to decide statutes are unconstitutional, and if the statute they cite really forbids review of an ineffective assistance claim as they say it does, then it should be unconstitutional, at least as applied.