Poodry v. Tonawanda Band of Seneca Indians

In many respects, I concur in the thoughtful and learned majority opinion. I thus agree that the Tonawanda Band is not a proper respondent, Maj. Op. at 899; that the writ afforded in section 1303 was intended by Congress to have no broader reach than the cognate statutory provisions governing collateral review of state and federal action, id. at 893; and that the writ therefore cannot issue unless petitioners show a severe actual or potential restraint on liberty, id. at 894. I respectfully dissent because I do not think these respondents have demonstrated a severe restraint on any liberty…