The fundamental unfairness in our death penalty system is not a lack of procedures to raise meritorious claims.

The bill does not change that standard because over years of data collection, no one has demonstrated that any meritorious claims have been cut off.

He added, "As long as meritorious claims are denied and wrongdoers continue to get promoted, new procedures won't mean anything."

In fact, the president's proposals would affect only meritorious claims.

His agenda included getting rid of "frivolous litigation," but in the eyes of its critics it also took aim at many meritorious claims.

It is strongly opposed by consumer, environmental and civil rights groups, which say the legislation would close the door to many meritorious claims.

"But to the extent that the judge's decision discourages less meritorious claims, it's a good decision."

This represented a shift from, and a replacement of, the complex pre-2006 position, by giving courts more discretion to allow meritorious claims.

However, there was still evidence that many meritorious claims were discouraged by the difficulties and costs of litigation.

The judge must reject the constitutional claim, however meritorious, or face a malicious smear.