This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
According to Petitioner, the case concerns whether 28 U.S.C. § 3599(a)(2) requires the federal government to provide counsel for death‑row inmates in state clemency proceedings.
Background and question before the Court
Oral argument was held before the Supreme Court.
The central question is how to interpret the phrase “all available post‑conviction process” in § 3599(a)(2).
What each side argues
Petitioner (Edward Jerome Harbison)
Source-limited. The record does not yet support a complete account.
United States (respondent)
The United States argues that competency and clemency are separate mandatory clauses and are not part of the “post‑conviction process” covered by the statute.
What happened at oral argument
Justice Scalia asked, “Why not? Why not?”
Justice Ginsburg asked what would fall under “all available post‑conviction process” besides clemency and competency.
According to Justice Kennedy, justice Kennedy questioned whether “all available post‑conviction process” should be interpreted as federal.
Justice Stevens asked whether the phrase would include proceedings necessary to exhaust state remedies.
Chief Justice Roberts noted the statute’s language and asked how often clemency has been granted in Tennessee.
- [1] bc85d1c1b73f7bd1f78f-r1-184a27e0e448b7b9.pdf, p. 6
- [2] bc85d1c1b73f7bd1f78f-r1-184a27e0e448b7b9.pdf, p. 8
- [3] bc85d1c1b73f7bd1f78f-r1-184a27e0e448b7b9.pdf, p. 15
- [4] bc85d1c1b73f7bd1f78f-r1-184a27e0e448b7b9.pdf, p. 19
- [5] bc85d1c1b73f7bd1f78f-r1-184a27e0e448b7b9.pdf, p. 10
- [6] bc85d1c1b73f7bd1f78f-r1-184a27e0e448b7b9.pdf, p. 59
What the Court decided
Why it matters
The parties dispute whether the statute’s language covers competency and clemency as part of the “all available post‑conviction process,” which could affect the scope of federally funded counsel.
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- bc85d1c1b73f7bd1f78f-r1-184a27e0e448b7b9.pdforal argument transcript
Guide generated September 22, 2026. Automated validation accepted this version.