Cite as: 523 U. S. 538 (1998)
Souter, J., dissenting
it does today. In fact, the majority goes no further than to call for a showing of actual innocence sufficient for relief under our earlier cases, ante, at 557; yet as the Court realizes, our standard dealing with innocence of an underlying offense requires no clear and convincing proof, ante, at 560, see Schlup v. Delo, 513 U. S. 298, 327 (1995), and the Court would be satisfied with a demonstration of innocence by evidence "not presented at trial," ante, at 559, even if it had been discovered, let alone discoverable but unknown, that far back.
Whatever policy the Court is pursuing, it is not the policy of AEDPA. Nor is any other justification apparent. In this particular case, when all else is said, we simply face a recall occasioned by some administrative inadvertence awkwardly corrected; while that appellate process may have left some unfortunate impressions, neither its want of finesse nor AEDPA warrant the majority's decision to jettison the flexible abuse-of-discretion standard for the sake of solving a systemic problem that does not exist.
573
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