For one thing, they doubt that the legislation will pass with the retroactivity provision intact or, even if so, that the provision would ever withstand court review.
Guided by our decisions dealing with the retroactivity of new constitutional interpretations of the broad language of the Bill of Rights, we agree with the Court of Appeals that Marchetti and Grosso should not have any retroactive effect on Mackey's conviction.
In the past year we have twice dealt with the problem of retroactivity in connection with other constitutional rules of criminal procedure.
Noting that the "question is not foreign to the parties, who have addressed retroactivity with respect to petitioner's Batson claim," id., the Court proceeded to address the merits of the argument.
The Court noted that "[t]he question of retroactivity with regard to petitioner's fair cross section claim has been raised only in an amicus brief". 489 U.S. at 300.
With respect to retroactivity in criminal cases, there remains even now the disparate treatment of those cases that come to the Court directly and those that come here in collateral proceedings.
Rereleased on its 20th anniversary as RetroActivity, with additional unreleased tracks dredged up from Kirk's archive ("I say 'archive', it's more a roomful of boxes"), it's essentially a variation on three different tracks, with elements added and subtracted, the bare workings of breakbeats adorned by samples and loops or simply exposed.
Because it forces us to consider the disruption that our new decisional rules cause, retroactivity combines with stare decisis to prevent us from altering the law each time the opportunity presents itself.
56 (1965), which opposes retroactive application, with Comment, Linkletter, Shott, and the Retroactivity Problem in Escobedo, 64 Mich.L.Rev.
