Reed v. Goertz HTML PDF
Decided: Syllabus | Majority Opinion | Dissent
Syllabus
REED v. GOERTZ
995 F. 3d 425, reversed.
NOTE:âWhere it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337.
SUPREME COURT OF THE UNITED STATES
Syllabus
REED v. GOERTZ
certiorari to the united states court of appeals for the fifth circuit
A Texas jury found petitioner Rodney Reed guilty of the 1996 murder of Stacey Stites. The Texas Court of Criminal Appeals affirmed Reedâs conviction and death sentence. In 2014, Reed filed a motion in Texas state court under Texasâs post-conviction DNA testing law. Reed requested DNA testing on certain evidence, including the belt used to strangle Stites, which Reed contended would help identify the true perpetrator. The state trial court denied Reedâs motion, reasoning in part that items Reed sought to test were not preserved through an adequate chain of custody. The Texas Court of Criminal Appeals affirmed, and later denied Reedâs motion for rehearing. Reed then sued in federal court under 42 U. S. C. §1983, asserting that Texasâs post-conviction DNA testing law failed to provide procedural due process. Reed argued that the lawâs stringent chain-of-custody requirement was unconstitutional. The District Court dismissed Reedâs complaint. The Fifth Circuit affirmed on the ground that Reedâs §1983 claim was filed too late, after the applicable 2-year statute of limitations had run. The Fifth Circuit held that the limitations period began to run when the Texas trial court denied Reedâs motion, not when the Texas Court of Criminal Appeals denied rehearing.
Held: When a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations for a §1983 procedural due process claim begins to run when the state litigation ends, in this case when the Texas Court of Criminal Appeals denied Reedâs motion for rehearing. Pp. 3â6.
ââ(a) Texasâs three threshold arguments lack merit. First, Reed has standing because Reed sufficiently alleged an injury in fact: denial of access to the requested evidence by the state prosecutor (the named defendant). A federal court conclusion that Texasâs post-conviction  DNA testing procedures denied Reed due process would âamount to a significant increase in the likelihoodâ that Reed âwould obtain relief that directly redresses the injury suffered.â Utah v. Evans, 536 U. S. 452, 464. Second, Texasâs invocation of the Stateâs sovereign immunity fails because the Ex parte Young doctrine allows suits like Reedâs for declaratory or injunctive relief against state officers in their official capacities. 209 U. S. 123, 159â161. Third, Reedâs procedural due process claim does not contravene the Rooker-Feldman doctrine. Pp. 3â4.
ââ(b) The sole question before the Court is whether Reedâs §1983 suit raising a procedural due process challenge to Texasâs post-conviction DNA testing law was timely under the applicable 2-year statute of limitations. The statute of limitations begins to run when the plaintiff has a âcomplete and present cause of action,â Bay Area Laundry and Dry Cleaning Pension Trust Fund v. Ferbar Corp. of Cal., 522 U. S. 192, 201, a determination the Court makes by focusing first on the specific constitutional right alleged to have been infringed. See McDonough v. Smith, 588 U. S. ___, ___. Here, that right is procedural due process. A procedural due process claim is complete not âwhen the deprivation occursâ but only when âthe State fails to provide due process.â Zinermon v. Burch, 494 U. S. 113, 126. Texasâs process for considering a request for DNA testing in capital cases includes both trial court proceedings and appellate review, which under Texas Rule of Appellate Procedure 79.1 encompasses a motion for rehearing. In Reedâs case, the Stateâs alleged failure to provide Reed with a fundamentally fair process was complete when the state litigation endedâwhen the Texas Court of Criminal Appeals denied Reedâs motion for rehearing. Therefore, the statute of limitations began to run on Reedâs §1983 claim when Reedâs motion for rehearing was denied. Pp. 4â6.
995 F. 3d 425, reversed.
âKavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, Barrett, and Jackson, JJ., joined. Thomas, J., filed a dissenting opinion. Alito, J., filed a dissenting opinion, in which Gorsuch, J., joined.
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Opinion
NOTICE:âThis opinion is subject to formal revision before publication in the United States Reports.âReaders are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, pio@supremecourt.gov, of any typographical or other formal errors.
SUPREME COURT OF THE UNITED STATES
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No. 21â442
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RODNEY REED, PETITIONER v. BRYAN GOERTZ
on writ of certiorari to the united states court of appeals for the fifth circuit
âJustice Kavanaugh delivered the opinion of the Court.
âIn many States, a convicted prisoner who still disputes his guilt may ask state courts to order post-conviction DNA testing of evidence. If the prisonerâs request fails in the state courts and he then files a federal 42 U. S. C. §1983 procedural due process suit challenging the constitutionality of the state process, when does the statute of limitations for that §1983 suit begin to run? The Eleventh Circuit has held that the statute of limitations begins to run at the end of the state-court litigation denying DNA testing, including the state-court appeal. See Van Poyck v. McCollum, 646 F. 3d 865, 867 (2011). In this case, by contrast, the Fifth Circuit held that the statute of limitations begins to run when the state trial court denied DNA testing, notwithstanding a subsequent state-court appeal. See 995 F. 3d 425, 431 (2021). We conclude that the statute of limitations begins to run at the end of the state-court litigation.
I
âIn 1996, Stacey Stites was strangled to death in Bastrop County, Texas. The State charged Rodney Reed with murdering Stites. At trial, Reed claimed that he was  innocent and that Stitesâs fiancĂ© or another acquaintance had committed the murder. A jury rejected that defense theory and found Reed guilty. Reed was sentenced to death. The Texas Court of Criminal Appeals affirmed the conviction and death sentence. Reedâs state and federal habeas petitions were unsuccessful.
âThen in 2014, Reed filed a motion in state court under Texasâs post-conviction DNA testing law. See Tex. Code Crim. Proc. Ann., Arts. 64.01â64.05 (Vernon 2018). Reed requested DNA testing on more than 40 pieces of evidence, including the belt used to strangle Stites. Reed contended that DNA testing would help identify the true perpetrator. The state prosecutor, respondent Bryan Goertz, agreed to test several pieces of evidence, but otherwise opposed the motion and refused to test most of the evidence.
âThe state trial court denied Reedâs motion. The court reasoned in part that (i) many items Reed sought to testâincluding the beltâwere not preserved through an adequate chain of custody and (ii) Reed did not demonstrate that he would have been acquitted if the DNA results were exculpatory. On appeal, the Texas Court of Criminal Appeals affirmed the trial court and later denied Reedâs motion for rehearing.
âReed next sued in federal court under 42 U. S. C. §1983, asserting that Texasâs post-conviction DNA testing law failed to provide procedural due process. Among other things, Reed argued that the lawâs stringent chain-of-custody requirement was unconstitutional and in effect foreclosed DNA testing for individuals convicted before ârules governing the Stateâs handling and storage of evidence were put in place.â App. 39.
âThe U. S. District Court for the Western District of Texas dismissed Reedâs complaint. The U. S. Court of Appeals for the Fifth Circuit affirmed on the ground that Reedâs §1983 suit was filed too late, after the applicable 2-year statute of limitations had run. The Fifth Circuit ruled that the  statute of limitations began to run when the Texas trial court denied Reedâs motion (which occurred more than two years before Reed filed his §1983 suit in federal court), not when the Texas Court of Criminal Appeals denied rehearing.
âBecause the federal Courts of Appeals disagree about when the statute of limitations begins to run for a §1983 suit regarding a Stateâs post-conviction DNA testing procedures, we granted certiorari. 596 U. S. ___ (2022).
II
âTexas raises three threshold arguments.
âFirst, Texas argues that Reed lacks standing. We disagree. Reed sufficiently alleged an injury in fact: denial of access to the requested evidence. The state prosecutor, who is the named defendant, denied access to the evidence and thereby caused Reedâs injury. And if a federal court concludes that Texasâs post-conviction DNA testing procedures violate due process, that court order would eliminate the state prosecutorâs justification for denying DNA testing. It is âsubstantially likelyâ that the state prosecutor would abide by such a court order. Utah v. Evans, 536 U. S. 452, 464 (2002) (internal quotation marks omitted). In other words, in âterms of our âstandingâ precedent, the courts would have ordered a change in a legal status,â and âthe practical consequence of that change would amount to a significant increase in the likelihoodâ that the state prosecutor would grant access to the requested evidence and that Reed therefore âwould obtain relief that directly redresses the injury suffered.â Ibid.
âSecond, Texas invokes the Stateâs sovereign immunity. But the Ex parte Young doctrine allows suits like Reedâs for declaratory or injunctive relief against state officers in their official capacities. 209 U. S. 123, 159â161 (1908).
âThird, Texas contends that Reedâs procedural due process claim contravenes the Rooker-Feldman doctrine. See Rooker v. Fidelity Trust Co., 263 U. S. 413 (1923); District of Columbia Court of Appeals v. Feldman, 460 U. S. 462 (1983). That doctrine prohibits federal courts from adjudicating cases brought by state-court losing parties challenging state-court judgments. But as this Court explained in Skinner v. Switzer, even though a âstate-court decision is not reviewable by lower federal courts,â a âstatute or rule governing the decision may be challenged in a federal action.â 562 U. S. 521, 532 (2011). Here, as in Skinner, Reed does ânot challenge the adverseâ state-court decisions themselves, but rather âtargets as unconstitutional the Texas statute they authoritatively construed.â Ibid.
III
âThis Courtâs case law âseverely limits the federal action a state prisoner may bring for DNA testing.â Skinner v. Switzer, 562 U. S. 521, 525 (2011). The Court has ârejected the extension of substantive due process to this area, and left slim room for the prisoner to show that the governing state law denies him procedural due process.â Ibid. (citation omitted); see District Attorneyâs Office for Third Judicial Dist. v. Osborne, 557 U. S. 52, 69, 72 (2009).
âSeeking to fit his §1983 suit within the âslim roomâ left by this Courtâs precedent, Reed raised a procedural due process challenge to Texasâs post-conviction DNA testing law. The sole question now before this Court is whether Reedâs §1983 suit was timely. The parties agree that the statute of limitations for Reedâs claim is two years. But the parties disagree about when that 2-year limitations period began to run. That question is one of federal law. See Wallace v. Kato, 549 U. S. 384, 388 (2007).
âAs a general matter, the statute of limitations begins to run when the plaintiff has a âcomplete and present cause of action.â Bay Area Laundry and Dry Cleaning Pension Trust Fund v. Ferbar Corp. of Cal., 522 U. S. 192, 201 (1997)  (internal quotation marks omitted). To determine when a plaintiff has a complete and present cause of action, the Court focuses first on the specific constitutional right alleged to have been infringed. See McDonough v. Smith, 588 U. S. ___, ___ (2019) (slip op., at 4).
âHere, the specific constitutional right allegedly infringed is procedural due process. A procedural due process claim consists of two elements: (i) deprivation by state action of a protected interest in life, liberty, or property, and (ii) inadequate state process. See Zinermon v. Burch, 494 U. S. 113, 125 (1990). Importantly, the Court has stated that a procedural due process claim âis not complete when the deprivation occurs.â Id., at 126. Rather, the claim is âcompleteâ only when âthe State fails to provide due process.â Ibid.
âReed contends that the Stateâs process for considering his DNA testing request was fundamentally unfair in violation of the Due Process Clause. Texasâs process for considering a request for DNA testing in capital cases includes not only trial court proceedings, but also appellate review by the Court of Criminal Appeals. Tex. Code Crim. Proc. Ann., Art. 64.05. And under longstanding Texas rules of appellate procedure, the Court of Criminal Appealsâs appellate review process encompasses a motion for rehearing. Tex. Rule App. Proc. 79.1 (2022).
âIn Reedâs case, the Stateâs alleged failure to provide Reed with a fundamentally fair process was complete when the state litigation ended and deprived Reed of his asserted liberty interest in DNA testing. Therefore, Reedâs §1983 claim was complete and the statute of limitations began to run when the state litigation endedâwhen the Texas Court of Criminal Appeals denied Reedâs motion for rehearing.
âThe soundness of that straightforward conclusion is âreinforced by the consequences that would followâ from a contrary approach. McDonough, 588 U. S., at ___ (slip op., at 9). If the statute of limitations for a §1983 suit like  Reedâs began to run after a state trial courtâs denial of a plaintiff âs motion for DNA testing (or even after the appeal before the plaintiff âs rehearing proceedings), the plaintiff would likely continue to pursue relief in the state system and simultaneously file a protective federal §1983 suit challenging that ongoing state process. That parallel litigation would ârun counter to core principles of federalism, comity, consistency, and judicial economy.â Id., at ___ (slip op., at 10). We see no good reason for such senseless duplication.
âMoreover, significant systemic benefits ensue from starting the statute of limitations clock when the state litigation in DNA testing cases like Reedâs has concluded. If any due process flaws lurk in the DNA testing law, the state appellate process may cure those flaws, thereby rendering a federal §1983 suit unnecessary. And if the state appellate court construes the DNA testing statute, that construction will streamline and focus subsequent §1983 proceedings.
âIn sum, when a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations for a §1983 procedural due process claim begins to run when the state litigation ends. In Reedâs case, the statute of limitations began to run when the Texas Court of Criminal Appeals denied Reedâs motion for rehearing. Reedâs §1983 claim was timely.1
âWe reverse the judgment of the U. S. Court of Appeals for the Fifth Circuit.
It is so ordered.
Notes
1  According to Reed, a plaintiff may forgo full appellate review in the state-court system and still bring a procedural due process suit challenging a Stateâs post-conviction DNA testing law. See Tr. of Oral Arg. 9â14. As this Court indicated in Osborne, it may be âdifficultâ as a practical matter âto criticize the Stateâs procedures when [the prisoner] has not invoked them.â 557 U. S., at 71. In any event, we need not address that hypothetical scenario.
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Dissent
SUPREME COURT OF THE UNITED STATES
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No. 21â442
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RODNEY REED, PETITIONER v. BRYAN GOERTZ
on writ of certiorari to the united states court of appeals for the fifth circuit
âJustice Thomas, dissenting.
âThe Texas Court of Criminal Appeals (âCCAâ) affirmed the denial of petitioner Rodney Reedâs state-law motion for postconviction DNA testing. Reed petitioned this Court for certiorari, arguing that the CCAâs interpretation and application of the relevant state law violated his federal due process rights. After we denied his petition, Reed repackaged it as a complaint in Federal District Court, naming respondent (the Bastrop County District Attorney) as a placeholder defendant. Like his earlier certiorari petition, Reedâs complaint assails the CCAâs state-law reasoning as inconsistent with due process, and it seeks a declaration that the CCAâs interpretation and application of state law was unconstitutional.
âReedâs action should be dismissed for lack of subject-matter jurisdiction. Federal district courts lack appellate jurisdiction to review state-court judgments, and Reedâs action presents no original Article III case or controversy between him and the district attorney. Because the Court erroneously holds that the District Court had jurisdiction over Reedâs action, I respectfully dissent.
I
A
âOn April 23, 1996, 19-year-old Stacey Stites failed to report for her 3:30 a.m. shift at the H.E.B. grocery store in  Bastrop, Texas. The truck Stites drove to work was found abandoned in the Bastrop High School parking lot a couple of hours later. That afternoon, a passerby discovered Stitesâ body in a ditch by a country road, her clothing disturbed in a manner suggesting sexual violence. Medical examiners determined that Stites had been strangled to death with her own belt, which was found in two piecesâone near the truck, the other near Stitesâ body. There was semen in Stitesâ vagina and rectum and saliva on her breasts. The police concluded that Stites had been raped and murdered.
âDespite a wide-ranging investigation, the police were initially unable to find a DNA match for the bodily fluids recovered from Stitesâ corpse. Then, about six months after Stitesâ death, Reed was arrested for kidnaping and attempting to rape and murder another young woman near the route Stites typically took to work and around the same time of night when Stites had gone missing. Reed lived near the high school and was often seen walking the surrounding area at night. Intrigued, the police checked Reedâs DNA profile, which Texas had on file from an earlier sexual-assault case against him. A series of tests established a conclusive, one-in-the-world-population match between Reed and the fluids recovered from Stitesâ corpse.
âWhen first questioned, Reed insisted that he did not know Stites at all, unaware that the police had DNA evidence disproving that claim. By the time of his trial, he had changed his story: He and Stites were having a consensual affair, and someone elseâperhaps her jealous fiancĂ©âhad committed the murder. The jury rejected that post hoc narrative and found Reed guilty. In the separate penalty phase, Reedâs kidnaping victim testified about how Reed had abducted, threatened, and attempted to rape her before she was fortuitously able to escape. Four other womenâand one underage girlâalso testified that Reed had brutally beaten and raped them in the past. Reed was sentenced to death.
 âThe CCA affirmed Reedâs conviction and sentence in 2000. In the 23 years since, he has kept up a constant stream of postconviction filings asserting his innocence. Every few years, Reedâs lawyers have produced a new theory and a new purportedly exculpatory affidavit. With the patience of Job, the Texas courts have duly considered them all. On one such occasion, the CCA noted âthe complete lack of a cohesive theory of innocenceâ across Reedâs unending series of attempts to relitigate his guilt. Ex parte Reed, 271 S. W. 3d 698, 746 (2008).1
B
âIn Texas, a convict has two distinct avenues to obtain postconviction DNA testing of evidenceâone executive and discretionary, the other judicial and legal. As for the first, the convict can attempt to reach an agreement with the district attorney, who has broad discretion to order or allow DNA testing. See Tr. of Oral Arg. 39â40. In the case of the second, the convict can file a motion under Tex. Code Crim. Proc. Ann., Arts. 64.01 through 64.05 (Vernon 2018) (Chapter 64), which requires âthe convicting courtâ to âorder testingâ if the movant establishes certain requirements. Ex parte Gutierrez, 337 S. W. 3d 883, 889â890 (Tex. Crim. App. 2011).
âIn 2014, on the same day that the trial court held a hearing to set Reedâs execution date, Reed filed a Chapter 64 motion for DNA testing of a large number of items. The  district attorney consented to test some of the items outside of the Chapter 64 framework, but he otherwise opposed Reedâs request. The trial court denied the motion, finding that Reed had not established two necessary elements for Chapter 64 testing: (1) that he âwould not have been convicted if exculpatory results had been obtained through DNA testing,â Art. 64.03(a)(2)(A); and (2) that his Chapter 64 motion was ânot made to unreasonably delay the execution of sentence or administration of justice.â Art. 64.03(a)(2)(B). Reed appealed, and the CCA remanded for the trial court to address the other elements of the Chapter 64 rubric. After making supplemental findings, the trial court again denied Reedâs motion, and Reed again appealed.
âIn April 2017, the CCA issued an opinion affirming the trial court. First, the CCA held that the record supported the trial courtâs finding that many of the items had not âbeen subjected to a chain of custody sufficient to establish that [they had] not been substituted, tampered with, replaced, or altered in any material respect.â Art. 64.03(a)(1)(A)(ii); see Reed v. State, 541 S. W. 3d 759, 769â770. Second, it held that Reed had not shown âa reasonable likelihoodâ that many of the items âcontain[ed] biological material suitable for DNA testing.â Art. 64.03(a)(1)(B); see 541 S. W. 3d, at 772. Third, addressing only the items that survived the previous two holdings, the CCA held that Reed had not established that exculpatory results from DNA testing of those items would have prevented his conviction. See id., at 773â777. Finally, the CCA held that Reed had failed to establish that his Chapter 64 motion was not made for purposes of delay. See id., at 777â780. The CCA noted that âChapter 64 had existed with only slight variations for over thirteen years at the time Reed filed his motion,â and that Reedâs motion was suspiciously filed âon the same day the judge heard the Stateâs motion to set an execution date.â Id., at 779.
 âReed moved for rehearing, arguing that the CCA had misapplied the Chapter 64 elements and asserting, in broad terms, that those errors violated his due process rights. See App. to Pet. for Cert. in Reed v. Texas, O. T. 2017, No. 17â1093, pp. 263aâ272a. The CCA denied rehearing by summary order in October 2017.
âReed then timely petitioned this Court for a writ of certiorari to review the CCAâs judgment. His petition contended that the CCAâs judgment âviolate[d his] due process rightsâ because it was based on âarbitrary and fundamentally unfair interpretation[s]â of Chapter 64âs chain-of-custody and unreasonable-delay elements. Pet. for Cert. in No. 17â1093, pp. iâii. We denied certiorari. See Reed v. Texas, 585 U. S. ___ (2018).
C
âIn August 2019, Reed sued the district attorney under Rev. Stat. §1979, 42 U. S. C. §1983 in the U. S. District Court for the Western District of Texas. As relevant here, Reedâs complaint alleges that he successfully âproved each of the statutory requirements of [Chapter] 64â in the state-court proceedings, App. 31, ¶52, but that âthe CCAâs adoption of non-statutory criteria to preclude . . . Reed from testing key trial evidence to prove his innocence violate[d] fundamental notions of fairness and denie[d] him due process of law,â id., at 14, ¶2. Reed proceeds to allege âseveral waysâ in which â[t]he CCAâs interpretation and application of [Chapter] 64 violate[d] fundamental fairness,â id., at 41, ¶79, with particular focus on the CCAâs allegedly arbitrary constructions of the chain-of-custody, unreasonable-delay, and exculpatory-results elements, see id., at 41â42, ¶¶79â81; 43â45, ¶¶84â87. For relief, âReed seeks a declaration that [Chapter] 64, as interpreted, construed and applied by the Texas courts to deny his motion for DNA testing, violates his rights underâ the Constitution. Id., at 14, ¶3; see also id., at 49 (prayer for relief ).
 âThe district attorney moved to dismiss Reedâs complaint for lack of subject-matter jurisdiction and for failure to state a claim. See Fed. Rule Civ. Proc. 12(b)(1) and (b)(6). The District Court held that it had jurisdiction but dismissed Reedâs complaint on the merits, concluding that Reed had alleged only âthat he disagree[d] with the state courtâs construction of Texas lawâ and that none of the issues in the complaint âr[ose] to the level of a procedural due-process violation.â 2019 WL 12073901, *7 (WD Tex., Nov. 15, 2019). The Fifth Circuit affirmed on the alternative ground that Reedâs claim was untimely: Applying Texasâ 2-year statute of limitations for personal-injury claims, it reasoned that Reedâs due process claim accrued when the trial court first denied his Chapter 64 motion, rendering his complaint several years too late. 995 F. 3d 425, 431 (2021).
II
âTwo intertwined principles of federal jurisdictionâArticle III standing and the Rooker-Feldman doctrine2âmandate a finding that the District Court lacked jurisdiction over this action. The majority gives short shrift to these principles, and its holding that Reedâs claim was timely serve only to underscore its antecedent jurisdictional errors.
A
âThe Constitution limits the federal courtsâ jurisdiction to âCasesâ and âControversies,â Art. III, §2, cl. 1, constraining judicial power to âthe determination of real, earnest and vital controvers[ies] betweenâ contending litigants. Chicago & Grand Trunk R. Co. v. Wellman, 143 U. S. 339, 345 (1892). â[A]n essential and unchanging part of [this] case-or-controversy requirementâ is the doctrine of Article III standing. Lujan v. Defenders of Wildlife, 504 U. S. 555, 560  (1992). Under that doctrine, any party requesting relief from a federal court must assert âan injuryâ that is âconcrete, particularized, and actual or imminent,â and he must show that his injury is both âfairly traceable to the challenged actionâ and âredressable by a favorable ruling.â Monsanto Co. v. Geertson Seed Farms, 561 U. S. 139, 149 (2010); see also Town of Chester v. Laroe Estates, Inc., 581 U. S. 433, 438â439 (2017). Absent that showing, the court has no jurisdiction and thus no âpower to adjudicate the case.â Steel Co. v. Citizens for Better Environment, 523 U. S. 83, 89 (1998) (emphasis deleted).
âJurisdiction, moreover, comes in two typesâoriginal and appellateâand the application of the Article III standing elements is interwoven with that constitutionally grounded distinction. See Art. III, §2, cl. 2. In an original case or controversy, the plaintiff traces his injury âto the defendantâs allegedly unlawful conduct,â Allen v. Wright, 468 U. S. 737, 751 (1984), and, correspondingly, seeks a remedy that runs against the defendant and determines that defendantâs duties or liabilities (e.g., a judgment for money damages or an injunction). On the other hand, â[t]he criterion which distinguishes appellate from original jurisdiction, is that it revises and corrects the decisions of another tribunal.â Ex parte Bollman, 4 Cranch 75, 86 (1807); see also Marbury v. Madison, 1 Cranch 137, 175â176 (1803). As such, a case or controversy is appellate in nature when the relief-seeking partyâs injury is traceable to the allegedly erroneous action of another court and requires a remedy correcting that judicial action (e.g., reversal or vacatur of the challenged judgment).3 See, e.g., Food Marketing Institute v. Argus Leader Media, 588 U. S. ___, ___â___ (2019) (slip op., at 4â5); Monsanto, 561 U. S., at 150â153. Thus, whenever a party seeks relief from a federal court, the elements that bring his claim within Article III in the first placeâthe nature and source of his injury and the remedy needed to redress itâalso dictate whether his claim invokes original or appellate jurisdiction.
âThe conceptual distinction between original and appellate jurisdiction also animates the Rooker-Feldman doctrineâwhich, despite its name, is not so much a âdoctrineâ as a basic fact of federal statutory law. This Court has discretionary appellate jurisdiction to review certain state-court judgments by certiorari. 28 U. S. C. §1257(a). But no other federal court has appellate jurisdiction over state-court judgments, and, in particular, â[t]he jurisdiction possessed by the District Courts is strictly original.â Rooker v. Fidelity Trust Co., 263 U. S. 413, 416 (1923); see, e.g., 28 U. S. C. §1331 (âThe district courts shall have original jurisdiction of all civil actions arising under [federal law]â). Thus, if the losing party in a state judicial proceeding âclaim[s] that the state judgment itself violates [his] federal rightsââa claim that calls for an exercise of appellate jurisdictionâhis only remedy in the federal system is certiorari  in this Court. Johnson v. De Grandy, 512 U. S. 997, 1006 (1994). He may not âsee[k] what in substance would be appellate review of the state judgmentâ under the guise of an original action in federal district court. Id., at 1005â1006; see also Exxon Mobil Corp. v. Saudi Basic Industries Corp., 544 U. S. 280, 284â285 (2005); District of Columbia Court of Appeals v. Feldman, 460 U. S. 462, 482â488, and nn. 15, 16 (1983).
âYet, that is precisely what Reed has done here. While his complaint purports to bring an original action against the district attorney, in reality, it seeks appellate review to redress an alleged injury inflicted by the CCAâs adverse decision âin [his] particular cas[e].â Id., at 487, n. 18. The gravamen of Reedâs claimâmade clear again and again throughout his complaintâis that the CCA violated his due process rights through its reasoning in his case. See, e.g., App. 14, ¶2; 31â33, ¶¶53â57; 38, ¶69; 39â40, ¶¶71, 74; 41, ¶79; 42â43, ¶¶83â84; 44â45, ¶¶86â87. All of those alleged injuries are traceable to the CCA, not the district attorney. And, redressing them would require an exercise of appellate jurisdiction over the CCAâjurisdiction that the District Court does not have. Confirming the point, Reedâs complaint does not ask the District Court to control the district attorneyâs actions at all. Instead, the only relief it requests is â[a] declaration that the CCAâs interpretation and application of [Chapter] 64 . . . is unconstitutional.â Id., at 49. The complaint transparently seeks nothing more than the District Courtâs âreview and rejectionâ of the CCAâs judgment. Exxon Mobil, 544 U. S., at 284. As such, it founders upon the Rooker-Feldman doctrine as well as the Article III traceability and redressability requirements with which that doctrine is intertwined.
âAny doubt that Reed seeks de facto appellate review should be dispelled by one undisputed fact: Every due process violation that Reed alleges could have been considered on direct review of the CCAâs judgment in this Court. After  all, determining whether state-court judgments applied unconstitutional constructions of state law is a classic use of this Courtâs appellate jurisdiction under §1257(a). See, e.g., Rogers v. Tennessee, 532 U. S. 451, 453 (2001); Bouie v. City of Columbia, 378 U. S. 347, 349 (1964); Brinkerhoff-Faris Trust & Sav. Co. v. Hill, 281 U. S. 673, 678 (1930). That is why Reed originally petitioned this Court for certiorari to review the CCAâs judgment. And it is why he agreed at oral argument that we could have granted that petition. See Tr. of Oral Arg. 32â33.
âYet, even after repackaging his failed certiorari petition as an original §1983 complaint, Reed not only concedes but affirmatively argues that his claim is analogous to the due process arguments presented in Rogers, Bouie, and Brinkerhoff-Faris. See Brief for Petitioner 33â34. That he is correct on that front should be fatal to his complaint. Like the petitioners in those cases, Reed contends that the rules of decision applied against him in a state-court proceeding violated his due process rights. Because those contentions would have been appropriate subjects for this Courtâs appellate review, it follows that Reed cannot press the same due process challenges and seek the same relief in an original action in the District Court. See Feldman, 460 U. S., at 482â486, and n. 15; accord, id., at, 489 (Stevens, J., dissenting).
âIn holding otherwise, the majority improperly separates the Rooker-Feldman and Article III inquiries and applies a different theory of Reedâs claim to each. But, Reedâs claim must satisfy two conditions at once: It must implicate an Article III case or controversy between the parties to this action, and that case or controversy must fall within the District Courtâs âstrictly originalâ jurisdiction. Rooker, 263 U. S., at 416. The majority articulates no theory of how Reedâs claim can satisfy both conditions. That is because there is no such theory.
âA useful way to view this is to work backwards from the  majorityâs Rooker-Feldman holding. The majority accepts Reedâs representation that he âdoes ânot challenge the adverseâ state-court decisions themselves,â but only â âtargets as unconstitutional the Texas statute [Chapter 64] they authoritatively construed.â â Ante, at 4 (quoting Skinner v. Switzer, 562 U. S. 521, 532 (2011)). But this workaround to Rooker-Feldman raises a glaring Article III problem: As this Court has repeatedly explained, a federal court may not entertain a free-floating challenge to a statute unmoored from a concrete case or controversy. See, e.g., California v. Texas, 593 U. S. ___, ___â___ (2021) (slip op., at 7â9); Valley Forge Christian College v. Americans United for Separation of Church and State, Inc., 454 U. S. 464, 471â472 (1982); Massachusetts v. Mellon, 262 U. S. 447, 488 (1923); Muskrat v. United States, 219 U. S. 346, 360â362 (1911). Unless Reed merely seeks an advisory opinion, his due process challenge to Chapter 64 must seek relief from some concrete enforcement or application of that law that affects him. More specifically, Reed must be challenging either (1) some conduct of the district attorney constituting enforcement of Chapter 64 against him or (2) the CCAâs application of Chapter 64 as a rule of decision in his case.4 If it is the  former, Reedâs suit is original; if it is the latter, it requires an exercise of appellate jurisdiction.
âSo, which is it? As already indicated, the correct answer is the latter: Fundamentally, Reedâs complaintâlike his certiorari petition before itâcontests how âthe Texas courtsâ âinterpreted, construed[,] and appliedâ Chapter 64 âto deny his motion for DNA testing,â App. 14, ¶3, which is why the only relief he requests is an abstract âdeclaration that the CCAâs interpretation and application of [Chapter] 64 . . . is unconstitutional.â Id., at 49. The idea that his claim âdoes not challenge the adverse state-court decisions,â ante, at 4 (internal quotation marks omitted), cannot survive even a cursory examination of his complaint. See supra, at 9â10.
âNor would the other possibility make any sense. Reed cannot be seeking relief from the district attorneyâs enforcement of Chapter 64, because the district attorney has not enforced that law against Reed at all. The sum total of the district attorneyâs relevant conduct is as follows. First, he declined to order Reedâs desired testing in his executive discretion, independent of Chapter 64. Next, when Reed asked the Texas courts to grant testing under Chapter 64, the district attorney opposed his motion. Finally, after Reedâs motion proved unsuccessful, the district attorney continued to decline to order Reedâs desired testing. To say that this conduct amounts to enforcing Chapter 64 makes as much sense as saying that a party to a discovery dispute, who defeats a motion to compel, in effect, âenforcesâ the Federal Rules of Civil Procedure by continuing not to turn over the demanded documents. Again, any due process injury that Chapter 64 has caused Reed is traceable to the CCAâs judicial application of that law in his case, not to any executive  acts or omissions of the district attorney.
âThe majority permits Reed to evade that problem by framing his Article III injury as the mere lack of access to his desired evidence, independent of any alleged due process denial. See ante, at 3. But, if framing Reedâs injury that way helps with traceability, it only worsens his redressability problem. Suppose that the District Court accepted Reedâs due process arguments and issued his requested relief: an abstract declaration that the interpretation of Chapter 64 that the CCA applied in his case is unconstitutional. How, exactly, would that redress Reedâs injury of not having the evidence tested? The CCAâs Chapter 64 judgment would remain untouched; Reed would have obtained an opinion disapproving its reasoning, but without any appellate ârevis[ion] and correct[ion]â to disturb its finality. Bollman, 4 Cranch, at 86. Nor would a declaration that the CCAâs construction of Chapter 64 was unconstitutional imply anything about the district attorneyâs duties or liabilities.
âThe majority asserts that such a declaration would cause â âa significant increase in the likelihoodâ â that the district attorney would grant Reedâs desired testing. Ante, at 3 (quoting Utah v. Evans, 536 U. S. 452, 464 (2002)). But the district attorney has made clear that he does not understand Reedâs requested relief to ârequire any change in conductâ from him and that it is not âlikely to bring about such change.â Brief for Respondent 38â39. If the majority thinks the district attorney is wrong about that, it would only be fair to explain exactly what change in conduct would be legally required of him if Reed prevailed on his due process claim. The majority fails to do so.5
 âInstead, it offers a number of vague pronouncements, all of which wilt under scrutiny. Consider the claim that Reedâs victory in this action would âeliminate the [district attorneyâs] justification for denying DNA testing.â Ante, at 3. If this means that Reedâs requested relief would entitle him to testing under Chapter 64, it is wrong because the CCAâs unreversed judgment would stand as a final, binding determination of Reedâs Chapter 64 rights even if the District Court were to declare that, in its opinion, the CCA had applied that law unconstitutionally in Reedâs case. Alternatively, if the majority means that the success of Reedâs due process claim would require the district attorney to permit testing in his independent executive discretion, it is also wrong because Reed is not challenging the district attorneyâs denial of discretionary testing as unlawfulâonly the CCAâs âinterpretation and application of [Chapter] 64.â App. 49.
âThe majority also misses the mark when it asserts that it is âsubstantially likely that the [district attorney] would abide by [Reedâs requested] court order.â Ante, at 3 (internal quotation marks omitted). Again, the only âcourt orderâ Reed seeks is a declaration disapproving the legal underpinnings of the CCAâs judgment. Such an âorderâ would have no bearing on the district attorneyâs future conduct; in a literal sense, there would be nothing for him to âabide by.â
âFinally, the majority says that the District Court â âwould have ordered a change in a legal statusâ â were it to grant the declaration Reed seeks. Ibid. (quoting Utah, 536 U. S., at 464). The intended meaning of this statement is completely obscure. The âstatusâ that the majority has in mind cannot be that of Chapter 64 itself. See California, 593  U. S., at ___ (slip op., at 8) (explaining that judicial remedies â âoperate with respect to specific parties,â â not â âon legal rules in the abstractâ â); see also Mellon, 262 U. S., at 488 (explaining that courts âhave no power per se to review and annul [statutes] on the ground that they are unconstitutional,â only âthe negative power to disregard an unconstitutional enactmentâ when âdeclaring the law applicable to [a justiciable] controversyâ). Nor can the majority mean that the District Court could change the âstatusâ of the CCAâs judgment. In reality, the only way that the District Court could possibly help Reed obtain DNA testing is by directly controlling the district attorneyâs actions. But, again, Reedâs complaint neither requests nor sets forth a basis for any such relief.6
 âIn sum, there is no getting around the essential problem with Reedâs due process claim: To the extent he is not merely seeking an advisory opinion, he is complaining about a court-inflicted injury, and redressing that injury would require an exercise of appellate jurisdiction that the District Court does not possess. In substance, his complaint in this action is a mere reprise of his prior certiorari petition, camouflaged as an original action against the district attorney. Thus, I would vacate the Fifth Circuitâs judgment and remand this case to the District Court with instructions to dismiss the complaint for lack of subject-matter jurisdiction.
B
âThe majority next holds that Reedâs §1983 due process claim was timely because it did not accrue until the CCA denied rehearing. The little reasoning the majority offers for this conclusion helpfully accentuates its antecedent jurisdictional errors.
âFirst, the majority points out that a procedural due process claim is not necessarily â âcomplete when the deprivation occurs,â â but âonly when âthe State fails to provide due process.â â Ante, at 5 (quoting Zinermon v. Burch, 494 U. S. 113, 126 (1990)). Yet, âthe general ruleâ is that due process itself ârequir[es] predeprivation notice and hearing,â so the truism for which the majority quotes Zinermon matters only in those âextraordinary situationsâ in which â[w]e tolerateâ postdeprivation process as sufficient. United States v. James Daniel Good Real Property, 510 U. S. 43, 53 (1993) (internal quotation marks omitted); see Zinermon, 494 U. S., at 127â130. The majority proceeds to show, however, that it does not regard this case as a postdeprivation case at all, for it says that the State âdeprived Reed of his asserted liberty interest in DNA testingâ at the very moment  when âthe Stateâs alleged failure to provide Reed with a fundamentally fair process was complete.â Ante, at 5. Given this understanding of Reedâs claim, the â[i]mportan[t]â proposition with which the majority begins its analysis is doctrinally irrelevant. Ibid.
âAfter that red herring, the majority engages in an obvious equivocation, conflating the Chapter 64 âprocessâ that Reed challenges as âfundamentally unfairâ with the Texas courtsâ generally applicable decisional procedures. Ibid. But of course, those procedures are not what Reed challenges. Instead (and, again, exactly like the arguments in his prior certiorari petition), his due process claim â âtargets as unconstitutionalâ â the substantive requirements of Chapter 64 as construed. Ante, at 4. His claim plainly would be no different if the CCA did not entertain rehearing motions.
âStill, the majorityâs confused accrual reasoning is useful for the added light that it shines on Reedâs jurisdictional problems. As the majority says, a procedural due process claim has two elements: (1) a deprivation and (2) inadequate process. The majority then acknowledges that the state courts effectuated Reedâs deprivation, and it treats the state courtsâ ordinary decisional mechanics as the allegedly inadequate process. But, after both elements of Reedâs claim are thus laid at the feet of the state courts, what role is left for the nominal defendant here, the district attorney? What part did he play in violating Reedâs procedural due process rights, and what makes him a proper defendant to Reedâs §1983 claim?
âThe majority has no answer. At bottom, its approval of Reedâs claim is intelligible only upon the supposition that the district attorney may be sued as a mere stand-in for the State as a whole, such that Reed can urge against him the due process violations that the State allegedly committed through its courts. That is a profound mistake. True, the district attorney and the CCA are both state actors. But, States act in different ways through their different entities  and officers, and the nature of a challenged state action determines what federal-court remedy may be available.
âAs this Court has explained, â[a] State acts by its legislative, its executive, or its judicial authorities,â and âin no other way.â Ex parte Virginia, 100 U. S. 339, 347 (1880). The Due Process Clause applies to action through any of these agencies, ibid., but not every alleged due process violation may be asserted in an original §1983 action. By itself, a Stateâs legislative enactment of an unconstitutional law does not give rise to a justiciable case or controversy. See California, 593 U. S., at ___â___ (slip op., at 7â9); Muskrat, 219 U. S., at 361. Next, when a State allegedly violates due process through executive action, the aggrieved party may bring an original action for appropriate relief against the relevant executive officer. See Mellon, 262 U. S., at 488; Ex parte Young, 209 U. S. 123 (1908).7 And, when a State allegedly violates due process through its judicial actionsâ be it through the denial of a fundamentally fair judicial procedure or through the application of a rule of decision that itself violates due processâthe remedy that Congress has provided is appellate âreview of the [challenged] judgmen[t] in this Court.â Feldman, 460 U. S., at 482; see, e.g., Rogers, 532 U. S., at 453; Bouie, 378 U. S., at 349; Brinkerhoff-Faris, 281 U. S., at 678; cf. Stop the Beach Renourishment, Inc. v. Florida Dept. of Environmental Protection, 560 U. S. 702 (2010) (reviewing judicial-taking claim on certiorari to the challenged state-court judgment). But, if that remedy proves unsuccessfulâas it did for Reedâthe aggrieved party cannot simply substitute an executive officer as a defendant, charge the state courtâs errors to that officer, and seek redress for a court-inflicted injury in a purported original action.
âProperly understood, therefore, Article III, the Rooker-Feldman doctrine, and procedural due process principles work in harmony. The majorityâs piecemeal analysis replaces this natural coherence with chaos. It dilutes Article IIIâs traceability and redressability requirements to the point of irrelevance. It creates a system in which the same state-court actions simultaneously give rise to identical original and appellate claims for relief. See this Courtâs Rule 13.3 (â[T]he time to file [a] petition for a writ of certiorari . . . runs from the date of the denial of rehearingâ by the lower court). It allows Reed to convert his failed certiorari petition into a §1983 complaint. And, in doing so, it authorizes a proceeding in which the District Court can do nothing except opine on the constitutional merits of a state-court adjudication.
*ââ*ââ*
âIf there is a mitigating factor to todayâs decision, it is that the §1983 action that the Court misguidedly allows to proceed is no barrier to the prompt execution of Reedâs lawful sentence. See Hill v. McDonough, 547 U. S. 573, 583â584  (2006). Indeed, Reed conceded at oral argument âthat you do not get a stay of execution just because you brought [a Chapter] 64 proceeding or just because youâre in [§]1983 proceedings . . . challenging the adequacy of the procedures available to you from the state.â Tr. of Oral Arg. 68. Texas is free to take him at his word. But, because the majority undermines vital principles of federal jurisdiction and destabilizes the orderly working of our judicial system, I respectfully dissent.
Notes
1  One example encapsulates the meritlessness of those attempts. In one of his many state postconviction proceedings, Reed submitted an affidavit from his own father, Walter, stating that an acquaintance had told him that he knew where Stites was the night she died. Reed submitted no affidavit from the acquaintance. The State then obtained an affidavit from the acquaintance, in which he swore that he â ânever told Walter Reed that I knew where Stacey Stites was on the night she was killed. All I ever told Walter was that Rodney Reed was a crackhead who raped girls on the [railroad] tracks. I have no idea where Stacey Stites was when she died.â â Ex parte Reed, 271 S. W. 3d, at 736.
2  See District of Columbia Court of Appeals v. Feldman, 460 U. S. 462 (1983); Rooker v. Fidelity Trust Co., 263 U. S. 413 (1923).
3  The limited exceptions to these generalizations only prove the rules. Appellate courts sometimes issue remedies that operate directly on the parties (e.g., injunctions pending appeal), but such remedies are âextraordinaryâ and appropriate only when â âin aid of â â the courtâs primary appellate jurisdiction. Wisconsin Right to Life, Inc. v. Federal Election Commân, 542 U. S. 1305, 1305â1306 (2004) (Rehnquist, C. J., in chambers) (quoting 28 U. S. C. §1651(a)). And, while certain original remedies, like declaratory judgments and quiet title decrees, do not necessarily impose new duties on the losing defendant, they conclusively establish the partiesâ legal relations from which such duties flow. See Nashville, C. & St. L. R. Co. v. Wallace, 288 U. S. 249, 261â265 (1933). Significantly, this Court has long held that an action for declaratory relief alone implicates the same constitutional âcase or controversyâ as would an action for coercive relief involving the same parties and subject matter, see ibid., and that declaratory relief âcannot alone supply jurisdiction otherwise absent,â California v. Texas, 593 U. S. ___, ___ (2021) (slip op., at 9); see also R. Fallon, J. Manning, D. Meltzer, & D. Shapiro, Hart and Wechslerâs The Federal Courts and the Federal System 841 (7th ed. 2015).
4  I acknowledge that our most recent DNA-testing precedent, Skinner v. Switzer, 562 U. S. 521 (2011), contains loose language suggesting that Skinnerâs due process claim challenged neither âthe [defendant] prosecutorâs conduct [n]or the decisions reached by the CCAâ in his case, but only âTexasâ postconviction DNA statute âas construedâ by the Texas courts.â Id., at 530. But, the majority surely cannot think that federal courts have subject-matter jurisdiction over challenges to statutes in the abstract, nor does Skinner actually stand for that proposition. Skinnerâs only jurisdictional holding was that the petitionerâs claim was not barred by Rooker-Feldman. See 562 U. S., at 532â533. Skinner did not address Article III standing and thus has â âno precedential effectâ â on that issue. Arbaugh v. Y & H Corp., 546 U. S. 500, 511 (2006). Yet, for the curious, Skinnerâs complaint did in fact allege that the defendant prosecutor was violating his due process rights through her conduct, and it expressly requested injunctive relief against her. See App. in Skinner v. Switzer, O. T. 2010, No. 09â9000, pp. 5â6, ¶¶1â2; 20â21, ¶33; 22, ¶37. Thus, Skinnerâs claim as pleaded clearly was original in nature, but for precisely the same reasons that Reedâs is not: Where Skinner claimed injury from and sought relief against the party whom he had sued, Reed claims injury from and seeks relief against an adverse judicial decision.
5  This failure will have troubling consequences if Reedâs claim ever progresses beyond the pleading stage. To survive summary judgment, Reed cannot ârest on mere allegations, but must set forth by affidavit or other evidence specific factsâ showing that his requested relief will make it likelier that he obtains the desired testing. Clapper v. Amnesty Intâl USA, 568 U. S. 398, 412 (2013) (alteration and internal quotation marks omitted). It is far from clear what such a showing would entail, and the majority leaves the parties in the dark.
6  This case is thus very different from Utah v. Evans, 536 U. S. 452 (2002), on which the majority relies heavily (indeed, exclusively). There, as earlier in Franklin v. Massachusetts, 505 U. S. 788 (1992), we held that a State had standing to sue the Secretary of Commerce for injunctive and declaratory relief against an allegedly improper census report that would have diminished the Stateâs congressional delegation. See Utah, 536 U. S., at 459â464; Franklin, 505 U. S., at 801â803 (plurality opinion). In both cases, Justice Scalia argued in dissent that redressability was lacking because the causal link between the Secretaryâs preparation of a new report and redress of the Statesâ apportionment injuries depended on the actions of other officials not bound by the courtâs judgment. See Utah, 536 U. S., at 511; Franklin, 505 U. S., at 824â825. The Court answered that objection by âassum[ing]ââin large part because âthe Solicitor General ha[d] not contended to the contraryââthat it was âsubstantially likelyâ that those other officials would cooperate with a judgment in the suing Stateâs favor. Franklin, 505 U. S., at 803 (plurality opinion); see Utah, 536 U. S., at 460â461, 463â464. Utah and Franklin thus represent nothing more than a context-specific application of the settled rule that âstanding is not precludedâ (although it is âmore difficult to establishâ) when the connection between the defendantâs court-ordered remedial conduct and ultimate redress of the plaintiff âs injury partly depends on the actions of third parties. Lujan v. Defenders of Wildlife, 504 U. S. 555, 562 (1992) (internal quotation marks omitted). Here, by contrast, the majority finds redressability in an abstract declarationâin truth, an advisory opinionâthat would not require any change in conduct on the part of the only defendant in this case. Nothing in our precedents supports that holding.
7  Young cautioned that,ââ[i]n making an officer of the State a party defendant in a suit to enjoin the enforcement of an act alleged to be unconstitutional[,] it is plain that such officer must have some connection with the enforcement of the act, or else it is merely making him a party as a representative of the State, and thereby attempting to make the State a party.â 209 U. S., at 157 (emphasis added).âInvoking this language, the district attorney argues that Reedâs suit is independently barred by state sovereign immunity, in addition to Article III and the Rooker-Feldman doctrine. It appears fairly debatable whether the âconnectionâ requirement described in Young is best understood as a precondition to Youngâs sovereign-immunity exception or as a simple application of Article III traceability. Compare Okpalobi v. Foster, 244 F. 3d 405, 410â424 (CA5 2001) (en banc) (plurality opinion) (taking the former view), with id., at 439 (Benavides, J., concurring in part and dissenting in part) (arguing that âmodern standing doctrine has subsumed the connection inquiryâ). I see no need to tackle that question here, since Article III and Rooker-Feldman amply establish the jurisdictional impropriety of Reedâs suit. I add only that, on either interpretation, Young makes it clear that a state officer cannot be sued âas a representative of the Stateâ writ largeârather, he can only be sued for legal violations attributable to his own office.
TOP
Dissent
SUPREME COURT OF THE UNITED STATES
_________________
No. 21â442
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RODNEY REED, PETITIONER v. BRYAN GOERTZ
on writ of certiorari to the united states court of appeals for the fifth circuit
âJustice Alito, with whom Justice Gorsuch joins, dissenting.
âThis case involves a suit brought by petitioner Rodney Reed under Rev. Stat. §1979, 42 U. S. C. §1983, against Bryan Goertz, the District Attorney of Bastrop County, Texas. Reed claims that Goertz violated his due process rights when, based on the Texas Court of Criminal Appealsâ interpretation of the Texas statute that allows post-trial DNA testing under specified circumstances, Article 64 of the Texas Code of Criminal Procedure, Goertz continued to deny Reedâs request for DNA testing of certain items found near the scene of the murder for which he was convicted 25 years ago.
âAs the Court notes and the parties agree, the statute of limitations for Reedâs claim is two years. Ante, at 4; Brief for Petitioner 17; Brief for Respondent 17. Reed filed his complaint on August 8, 2019, and the lower courts held that this was too late. The question before us is when the 2-year statute of limitations began to run, that is in legal parlance, when Reedâs claim âaccrued.â As the parties agree, the general rule is that a claim accrues when the plaintiff has âa complete and present cause of action,â Wallace v. Kato, 549 U. S. 384, 388 (2007) (internal quotation marks omitted). Reed contends that his claim did not accrue until the Texas Court of Criminal Appeals (CCA) denied his petition for rehearing on October 4, 2017, and thus refused to retract the  interpretation of Article 64 that the court had unanimously adopted on April 12, 2017. Goertz, on the other hand, argues that Reedâs claim accrued no later than the date of the CCAâs April 12 decision, and because that date preceded the federal lawsuit by more than two years, Goertz maintains that we should affirm the Fifth Circuitâs decision that Reedâs complaint was filed too late.
âAs I will explain, there is room for debate about exactly when Reedâs DNA testing claim accrued, but in my view, the notion that this did not take place until rehearing was denied is clearly wrong.
I
âBefore getting to the nub of this case, I briefly explain why Reedâs claim might have accrued even earlier than April 12, 2017. First, it can be argued that Reedâs claim against Goertz accrued on or before July 2014, when Goertz initially refused Reedâs testing request.1 The general rule is that a plaintiff âs §1983 claim against a state official for violating a constitutional right accrues when the alleged violation takes place. See Wallace, 549 U. S., at 384 (§1983 claim ânormally commence[s] to runâ from when wrong occurs). And the Court does not disclaim the possibility that a plaintiff could file a §1983 claim as soon as a state prosecutor denies a DNA testing request. See ante, at 6, and n. 1.
âAnother possibility is that the particular claim Reed now asserts did not accrue until the state trial court held that Goertz had properly denied Reedâs testing request. Reed does not claim that the bare text of Article 64 is unconstitutional. (Had he done so, he could hardly argue, as he does  now, that his claim did not accrue until the end of the appellate process.) Instead, he stresses that his claim concerns the state courtsâ construction of that statute and in particular, their holding that the evidence for which testing is sought must not be contaminated. Brief for Petitioner 3, 15, 29. In response to this argument, Goertz contends that every allegedly unconstitutional aspect of the judicial interpretation of the statute was adopted by the time the state trial court issued amended findings of fact and conclusions of law in 2016, and Goertz therefore takes the position that Reedâs unconstitutional-construction claim accrued at that time. Brief for Respondent 18â19.
II
A
âFor present purposes, it is not necessary to decide whether Reedâs claim accrued on either of these two dates. We need only decide whether accrual was put off until the CCA denied rehearing, and it is clear to me that this delayed accrual date is wrong.2 As noted, the claim that Reed asserts is not based on the bare text of Article 64, but on what he claims is an erroneous interpretation of that provision by the Texas courts. He thus submits that his claim accrued when the âauthoritative construction of Article 64â that he challenges was pronounced by the CCA. Brief for Petitioner 17.
 âI will assume for the sake of argument that Reedâs claim accrued when the CCA issued its âauthoritative construction of Article 64,â but I cannot agree with Reedâs argumentâwhich the Court conspicuously declines to defendâthat the CCAâs interpretation did not become âauthoritativeâ until rehearing was denied.
âReed cites no authority for the proposition that the filing of a petition for rehearing typically suspends the authoritative force of an appellate courtâs decision, and in fact, it appears that the opposite is trueâas this Courtâs âGVRâ practice illustrates. On or shortly after the day when we hand down a decision, we often âGVRâ cases in which petitions raising similar issues are pending before us. (That is, we grant the petition, vacate the decision below, and remand the case for reconsideration in light of the decision we have handed down.) On June 30, 2022, for example, we did this in no fewer than 33 cases.3 We do not wait to see if a petition for rehearing will be filed; nor do we hold off until a mandate is issued or a certified copy of the judgment is prepared. See this Courtâs Rules 45.2 and 45.3. If our decisions did not become authoritative and binding as soon as they are issued, this practice would be impermissible.
âThere is no reason why decisions of the CCA should be viewed any differently. On the contrary, it appears that the CCA has followed a practice similar to our GVR practice. See Oliver v. State, 872 S. W. 2d 713, 716 (Tex. Crim. App. 1994) (vacating judgment and remanding for reconsideration in light of decision on same day). And neither Reed nor the Court has cited any contrary Texas authority. Accordingly, Reedâs âauthoritative constructionâ argument became complete, at the latest, when the CCA adopted that construction on April 12, 2017, two years and 11 months before Reed filed his §1983 complaint.
 B
âUnlike Reed, the Court does not contend that the CCAâs interpretation lacked âauthoritativeâ status until rehearing was denied. Instead, the Court merely proclaims that the State, acting through Goertz, did not deny Reed due process of law until âthe state litigation ended.â Ante, at 5.4 I certainly see the logic in this view: until the process afforded by a State has been exhausted, it may be said that the State has not definitively denied the process that the Constitution is alleged to demand. This logic leads to the conclusion that a prisoner like Reed should exhaust state remediesâsomething that would generally be required if the proper vehicle for contesting the denial of a DNA testing claim were a petition for a writ of habeas corpus. See 28 U. S. C. §2254(b)(1). But the Court rejected that proposition in District Attorneyâs Office for Third Judicial Dist. v. Osborne, 557 U. S. 52 (2009), and it is well-established that a §1983 plaintiff need not exhaust state remedies. Patsy v. Board of Regents of Fla., 457 U. S. 496, 500â501 (1982); Edwards v. Balisok, 520 U. S. 641, 649 (1997). Not only is this the general rule, but the Osborne Court found that the rule applies in cases involving constitutional challenges to the denial of requested DNA testing. 557 U. S., at 71. Thus, the Courtâs reasoning collides with precedent.
âOn top of this, the Courtâs reasoning, if taken to its logical conclusion, points to a result that neither Reed nor the Court is willing to embrace: namely, that a due process challenge to the denial of a request for DNA testing is not ripe until state remedies have been exhausted. (Reed  squarely rejects that conclusion, Brief for Petitioner 48; Tr. of Oral Arg. 12â13, and the Court reserves judgment. Ante, at 6, n. 1.) But that is where the Courtâs reasoning is likely to lead.
âReed tries to circumvent this problem by distinguishing between a claim that challenges the literal terms of a state law and one that challenges the law as authoritatively interpreted by the Stateâs highest court. Brief for Petitioner 30, 48. On this view, only claims of the latter type would have to proceed through the entire state court appellate process before a §1983 challenge could be brought. But this categorization of DNA-testing claims is problematic. When a Stateâs high court interprets a state law, it generally settles what the law always meant, and therefore it is hard to see the difference between a claim that the text of a state statute is unconstitutional and a claim that the text is unconstitutional as interpreted by the Stateâs highest court. In the case of a state law like Article 64, which permits DNA testing under limited circumstances, the court may interpret the statute to impose requirements that are not expressly spelled out in the statutory text. (That is what happened here.) Or the state high court may interpret requirements in the text more leniently than a literal reading of the text would demand. In either event, the statute means what the state high court says it means, and if accrual in the first of these situations does not take place until the end of appellate review, it is hard to see why the same should not be true in the second as well.
âIn light of these problems, it is not surprising that the Court declines to say anything about whether prisoners who wish to challenge a state DNA testing law may sue as soon as their testing requests are denied. The Court says only that it âneed not address th[e] hypothetical scenarioâ of a plaintiff who declines âfull appellate review,â ante, at 6, n. 1, but what does that mean? Does it mean that such a plaintiff must exhaust state remedies at the trial level but  need not appeal? Does it mean that such a plaintiff must pursue some (but not âfullâ) appellate review? Litigants and the lower courts are left to guess. Instead of clarifying the law, the Courtâs decision may sow confusion.
C
âMuch of Reedâs argumentation is not aimed at the argument that his claim accrued when the CCA issued its contested interpretation of Article 64. Instead, Reed directs his attack on the earlier possible accrual dates discussed in Part I of this opinion and in particular the Fifth Circuitâs holding that a claim like Reedâs accrues when testing is denied at the trial level. He says that this rule is unfair because he âisnât Nostradamus,â lacks âsupernatural foresight,â and therefore could not have predicted at the time of the trial court decision whether the CCA would ultimately agree. Brief for Petitioner 26, 32. He argues that his rule promotes federalism (because it encourages resort to state court litigation before turning to the federal courts), judicial economy (because it tends to avoid contemporaneous litigation in both state and federal court), comity (because it allows state courts to adopt interpretations of their statutes that avoid federal constitutional problems), and practical reality (because a prisoner bringing an authoritative-construction claim cannot know in advance how a Stateâs high court will interpret the relevant statute). Id., at 36â39. The Court makes related arguments. Ante, at 5â6.
âWhatever merit these arguments might have in relation to the accrual date adopted by the Fifth Circuit, they ring hollow as applied to the choice between the date when a state high court issues a decision interpreting the state testing statute and the date when that court refuses to rehear and overturn that interpretation. One need not have âsupernatural foresightâ in order to predict that rehearing is unlikely to be granted. And it is hard to see how requiring a §1983 plaintiff to sue within two years after a state high  court decision is issued is unfair or does any damage to federalism, comity, or judicial economy.
âReed has provided no explanation why he could not have filed his §1983 action within two years after the CCAâs decision. Instead, he waited until an execution date was set. While that event may have âconcentrate[d] his mind wonderfully,â that is not an excuse for the basic mistake of missing a statute of limitations.5
*ââ*ââ*
âFor these reasons, I would affirm the judgment below, and I therefore respectfully dissent.
Notes
1  We are told that Reed and Goertz engaged in lengthy negotiations about the testing of certain items prior to the date in July 2014 when Reed filed his claim in the District Court of Bastrop County under Article 64. Brief for Petitioner 13; Brief for Respondent 5â6; see Reed v. State, 541 S. W. 3d 759, 779 (Tex. Crim. App. 2017).
2  We have noted that a couple special cases can displace that âpresumptiv[e]â accrual rule, such as where âa particular claim may not realistically be brought while a violation is ongoing,â or where a special accrual rule governed âthe most natural common-law analogy.â McDonough v. Smith, 588 U. S. ___, ___ (2019) (slip op., at 4). But the majority (correctly) does not adopt Reedâs view, see Brief for Petitioner 32â39, that this matter raises one of those special cases. Under Reedâs theory as expressed as argument, he could have proceeded with a claim under Skinner v. Switzer, 562 U. S. 521 (2011), at any time in the process. Tr. of Oral Arg. 12 (stating that âa prisoner could exit the state court procedures at any pointâ and bring a challenge).
3 Â Journal of the Supreme Court 711â716 (June 30, 2022); see, e.g., id., at 685â689 (June 27, 2022) (granting, vacating, and remanding 28 cases).
4 Â Even the CCAâs denial of rehearing in a DNA testing case may not mark the end of state court litigation on that issue, to the extent that the issue may be taken up again in a state collateral review proceeding or otherwise renewed. Cf. Darnell v. State, 2004 WL 1088755, *1 (Tex. App., May 13, 2004) (discussing âreconsider[ation]â granted in DNA-testing action âafter submission of additional informationâ).
5 Â J. Boswell, Life of Samuel Johnson, in 44 Great Books of the Western World 351 (R. Hutchins & M. Adler eds. 1952).