On the recordMarch 8, 2017
I would just summarize this case in that it is not only me, it is not Mr. Buck alone, it is not Mr. Sessions alone, it is the American people who are calling out for this kind of relief. It is not just the American people--we might consider them to be laypersons in this--but it is also the courts. The Fourth Circuit Court of Appeals, Judge Harvie Wilkinson, as Mr. Buck quoted, spoke to this issue. The Supreme Court of the United States has spoken to this issue under ``plausible'' versus ``speculative.'' Professor Martin Redish also has spoken on this subject matter. The Third Circuit spoke to the Briscoe issue. The final piece is the Fifth Circuit has essentially adopted a very similar, if not identical, policy. We need to codify this. This is our chance to do so. I urge adoption of the rule and support of the underlying rule.
