Lewis v. Casey, 518 U.S. 343, 61 (1996)

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

Opinion of Souter, J.

III

A

There are, finally, two additional points on which I disagree with the Court. First, I cannot concur in the suggestion that Bounds should be overruled to the extent that it requires States choosing to provide law libraries for court access to make them available for a prisoner's use in the period between filing a complaint and its final disposition. Ante, at 354. Bounds stated the obvious reasons for making libraries available for these purposes, 430 U. S., at 825-826, and developments since Bounds have confirmed its reasoning. With respect to habeas claims, for example, the need for some form of legal assistance is even more obvious now than it was then, because the restrictions developed since Bounds have created a "substantial risk" that prisoners proceeding without legal assistance will never be able to obtain review of the merits of their claims. See McFarland v. Scott, 512 U. S. 849 (1994) (discussing these developments). Nor should discouragement from the number of frivolous prison suits lead us to doubt the practical justifiability of providing assistance to a pro se prisoner during trial. In the past few years alone, we have considered the petitions of several prisoners who represented themselves at trial and on appeal, and who ultimately prevailed. See, e. g., Farmer v. Brennan, 511 U. S. 825 (1994); Helling v. McKinney, 509 U. S. 25 (1993); Hudson v. McMillian, 503 U. S. 1 (1992).

B

Second, I see no reason at this point to accept the Court's view that the Bounds right of access is necessarily restricted to attacks on sentences or challenges to conditions of confinement. See ante, at 354-355. It is not clear to me that a State may force a prisoner to abandon all opportunities to vindicate rights outside these two categories no matter how significant. We have already held that prisoners do not en-

403

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