Supreme Structure: Four Tips from The Chief Justice

A federal court order requiring a State to transport a prisoner to a public setting—here, a medical center for testing—not only delays resolution of his habeas case, but may also present serious risks to public safety. See Brief for State of Utah et al. as Amici Curiae 7–18 (describing the dangers inherent in prisoner transport); cf. Price v. Johnston , 334 U. S. 266, 285 (1948) (a court should not require that a prisoner be transported if doing so would cause “undue inconvenience or danger”). Commanding a State to take these risks so that a prisoner can search for unusable evidence would not be a “necessary or appropriate” means of aiding a federal court’s limited habeas review.

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