Michigan Law Review Volume 113 Issue 7 2015 The Demise of Habeas Corpus and the Rise of Qualified Immunity: The Court's Ever Increasing Limitations on the Development and Enforcement of Constitutional Rights and Some Particularly Unfortunate Consequences Stephen R. Reinhardt United States Court of Appeals for the Ninth Circuit Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Constitutional Law Commons, Courts Commons, Jurisprudence Commons, Law Enforcement and Corrections Commons, and the Supreme Court of the United States Commons Recommended Citation Stephen R. Reinhardt, The Demise of Habeas Corpus and the Rise of Qualified Immunity: The Court's Ever Increasing Limitations on the Development and Enforcement of Constitutional Rights and Some Particularly Unfortunate Consequences, 113 MICH. L. REV. 1219 (2015). Available at: https://repository.law.umich.edu/mlr/vol113/iss7/3 This Essay is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact
[email protected]. THE DEMISE OF HABEAS CORPUS AND THE RISE OF QUALIFIED IMMUNITY: THE COURT’S EVER INCREASING LIMITATIONS ON THE DEVELOPMENT AND ENFORCEMENT OF CONSTITUTIONAL RIGHTS AND SOME PARTICULARLY UNFORTUNATE CONSEQUENCES Stephen R. Reinhardt* Table of Contents Introduction .................................................... 1219 I. The Demise of Habeas Corpus ...........................1223 A. The Evolution from Independent Review to Near-Total Deference to State Courts ...............................1224 B. Respect for State Courts at the Expense of Constitutional Rights .................................................1229 C.