James Blakely v. Robert Wards

More than thirty-five years ago, the Supreme Court recognized that it is “established beyond doubt that prisoners have a constitutional right of access to the courts.” Bounds v. Smith, 430 U.S. 817, 821, 97 S.Ct. 1491, 52 L.Ed.2d 72 (1977). Certainly, that right is not without limits. The three-strikes rule imposes a notable limit on a prisoner’s ability to proceed in forma pauperis (“IFP”). 28 U.S.C. § 1915(g). But this limit must have its own limits and Congress recognized as much. Only by disregarding the clear statutory language of § 1915(g) can the majority hold that a grant of summary…