So what's AEDPA?
Also known as the Antiterrorism and Effective Death Penalty Act of 1996, was enacted in 1996 and creates strict limitations on Habeas Corpus petitions.  Habeas Corpus petitions are filings used to help unlawful detention or illegal imprisonment. This act added more procedural barriers, limited federal court review, and increases the risk of injustice. Those on death row without sufficient financial means face significant challenges in navigating the process and further inequalities within the criminal justice system.

AEDPA was passed in response to the 1995 Oklahoma City bombing and signed into law under President Clinton. The Act covered a lot of different areas of federal policy, but its most controversial provisions restrict federal habeas corpus, or the right of state prisoners to challenge their convictions in federal court. Making it even more difficult for prisoners to challenge their convictions based on new evidence or ineffective assistance of counsel. These obstacles led to wrongful executions and continued wrongful incarceration.

In 1995, Joe Biden, then a member of the Senate, was among the first to recognize that the restrictions went too far. He took steps to fight these injustices but ultimately lost.

Read more about how AEDPA is impacting innocence in 2023

What can we do?
In 2023, President Biden’s administration can lead the effort to fix the problems he knew were there and tried to prevent in 1995. It’s time to let President Biden know he can make a difference and encourage your member of Congress to support repeal and reform.