Lewis v. Casey, 518 U.S. 343, 25 (1996)

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Cite as: 518 U. S. 343 (1996)

Thomas, J., concurring

an entirely satisfactory basis for the result reached." Ross v. Moffitt, 417 U. S. 600, 608-609 (1974).

The weakness in the Court's constitutional analysis in

Bounds is punctuated by our inability, in the 20 years since, to agree upon the constitutional source of the supposed right. We have described the right articulated in Bounds as a "consequence" of due process, Murray v. Giarratano, 492 U. S. 1, 11, n. 6 (1989) (plurality opinion) (citing Procunier v. Martinez, 416 U. S. 396, 419 (1974)), as an "aspect" of equal protection, 492 U. S., at 11, n. 6 (citation omitted), or as an "equal protection guarantee," Pennsylvania v. Finley, 481 U. S. 551, 557 (1987). In no instance, however, have we engaged in rigorous constitutional analysis of the basis for the asserted right. Thus, even as we endeavor to address the question presented in this case—whether the District Court's order "exceeds the constitutional requirements set forth in Bounds," Pet. for Cert. i—we do so without knowing which Amendment to the Constitution governs our inquiry.

It goes without saying that we ordinarily require more exactitude when evaluating asserted constitutional rights. "As a general matter, the Court has always been reluctant" to extend constitutional protection to "unchartered area[s]," where the "guideposts for responsible decisionmaking . . . are scarce and open-ended." Collins v. Harker Heights, 503 U. S. 115, 125 (1992). It is a bedrock principle of judicial restraint that a right be lodged firmly in the text or tradition of a specific constitutional provision before we will recognize it as fundamental. Strict adherence to this approach is essential if we are to fulfill our constitutionally assigned role of giving full effect to the mandate of the Framers without infusing the constitutional fabric with our own political views.

B

In lieu of constitutional text, history, or tradition, Bounds turned primarily to precedent in recognizing the right to state assistance in the researching and filing of prisoner

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