Supreme Court issues decision in Banister v. Davis

The Supreme Court has issued its decision in Banister v. Davis, 590 U.S. ___ (June 1, 2020), ruling that a motion brought under Federal Rule of Civil Procedure 59(e) to alter or amend a habeas court’s judgment does not qualify as a successive petition. A Rule 59(e) motion is instead part and parcel of the first habeas proceeding. The opinion was authored by Justice Kagan.  Justice Alito filed a dissenting opinion, joined by Justice Thomas.