Reconsidering State Procedures for Appointment of Competent Counsel in Postconviction Review of Capital Sentences

Syllabus

In 2009, relying on Chevron, this Office concluded that 28 U.S.C. § 2265(a)(1) permits the Attorney General to condition the availability of expedited habeas proceedings on a state's application of federal standards of competency for state postconviction counsel, including federal standards for adequate compensation. Having been asked to reconsider in view of the Supreme Court's recent decision in Loper Bright Enterprises v. Raimondo, we now conclude that this is not the best reading of section 2265(a)(1).