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Appearance of fairness is not just if, in practice, it fails to protect basic rights. While the American judicial system is better then some, it should not be beyond world reproach when enforcing a law that systemically disenfranchises a vulnerable group.
AEDPA is a federal law that was enacted after a horrible terrorist act, Timothy McVeigh's bombing of the Federal Building. But was the law necessary and useful in combating terrorism? Time has proven the answer to be, “No!”, a mere law will not stop terror.
States have taken this Federal legislation and turned it into a legal-loophole to ensure no federal oversight of their actions. Consequently, federal court calendars have been lightened, while many fail to receive due (just) process.
We can explore LaMerle Johnson's case because unfortunately it has become case law, but how many cases have not become law? How many other horrific acts have occurred, but review quelled based on AEDPA; or not so horrific acts but things that still needed to be reviewed in order to maintain constitutional balance?
The State(s) now reasonably know that statistically confined inmates will be technically barred, and/or rushed to prepare inadequate legal-filings to suit AEDPA standards; States’ incentive to be just not to terrorists, but to their citizens have been lessened.
Should those guilty be rewarded for committing crimes, “No”. Clearly, that is not our position; but should they be treated justly and have their cases thoroughly reviewed to ensure fairness; “Absolutely!”.
To achieve this for the tens of thousands who have and/or will face this dilemma, your involvement is necessary. Our intent is not to gloat about America's, but to help her continue to strive for human rights/principles applicable the world over.
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