Justices Clarence Thomas and Neil Gorsuch dissented, criticizing the majority for overriding the Antiterrorism and Effective Death Penalty Act of 1996, which limits federal court intervention in state convictions.
Oklahoma’s Defense
Oklahoma Department of Corrections Warden Tamika White, in a brief to the Supreme Court, argued that Andrew introduced new claims in her petition that had not been addressed by lower courts. White urged the justices to deny review, asserting that state courts should have the first opportunity to resolve such claims.
“These considerations … should cause this court serious concern that any review of Andrew’s case would violate the principle that state courts are to be given a full and fair opportunity to resolve a federal constitutional claim,” White argued.
Representation
Andrew is represented by attorneys from Phillips Black Inc., Ridley McGreevy & Winocur PC, and King & Spalding LLP. The Oklahoma Attorney General’s Office represents Warden Tamika White.
