Schlup v. Delo
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
Congress later imposed a stricter innocence standard and a diligence requirement for second or successive petitions under 28 U.S.C. § 2244(b)(2)(B); McQuiggin v. Perkins, 569 U.S. 383 (2013), explains that narrower statutory change while continuing to apply Schlup's gateway.
7,638 later cases cite Schlup v. Delo; 193 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Schlup v. Delo?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
No reviewed court has overruled or limited this case.
Every one of the 193 flagged citations was read, and each turned out to be something other than adverse treatment: a routine application, a party's argument the court rejected, or the case itself discussing older law. That reading is the finding this page exists to report.
Does this case still carry your argument?
Describe your facts. Ezel reads Schlup v. Delo and the cases that treated it, then tells you whether it still holds for your situation, with citations.
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