Earlier this morning, the Supreme Court heard oral argument in two cases which raise the question of whether or not police can search confiscated cellphones of arrestees without a warrant. In both cases, the defendants argued that the information obtained from their cell phones by police was in violation of the Fourth Amendment. NPR’s Nina Totenberg discusses Riley v. California and United States v. Wurie.
Yesterday, the Supreme Court denied cert in Jackson v. Louisiana, a case that examined whether or not a non-unanimous jury verdict violates the Sixth Amendment. At CAC’s Text & History Blog, Brianne Gorod explains why the high court’s failure in taking the case “is not only tragic, it’s inexplicable.”
Yesterday, the U.S. Court of Appeals for the Fifth Circuit heard arguments concerning whether a state law can close the last abortion clinic in Mississippi. Writing for MSNBC, Irin Carmon asserts that “what’s at stake stretches far beyond Mississippi.”
At Just Security, Marty Lederman explains why the Director of National Intelligence James Clapper’s Directive 119, which “prohibits employees of the Intelligence Community from unauthorized ‘contacts’ with the media about intelligence ‘sources’ ” isn’t a “clear-cut matter.”
In an op-ed for The New York Times, Bruce Ackerman eloquently compares the current state of gay marriage to the struggle of the civil rights movement in order to “emphasize the link between institutionalized humiliation and the constitutional requirements of equal protection.” Indeed, as Ackerman’s analysis points out, “dignity is a constitutional principle.”
At Jost on Justice, Kenneth Jost notes that death row inmates are challenging the lethal injection formula that is being used for executions. In the piece, Jost explains why “it is not too much to ask that courts make sure that lethal injections, as carried out, are the humane executions they are supposed to be.”
Jeffrey Toobin at The New Yorker reports on the successes of the Affordable Care Act thus far, the fecklessness of some of its promoters and the law’s most critical hurdle.
Writing for Just Security, Marty Lederman describes why Hussain v. Obama is “a habeas case to keep an eye on.”
Yesterday, President Obama requested a review of the administration’s enforcement policies for immigration laws. The White House asked Secretary of Homeland Security Jeh Johnson to oversee the process. Seung Min Kim and Reid J. Epstein at POLITICO report on the president’s effort to create a more humane immigration system.
In 1975, Sen. Frank Church (D- Idaho) organized a Senate committee to review American intelligence activities. Referred to as the Church Committee, the group uncovered secret wrong-doings by the U.S. government. Frederick A. O. Schwarz, Jr. at The Nation argues “why we need a new Church Committee to fix our broken intelligence system.”
Mississippi lawmakers voted to “study” a bill that gay rights activists believe would promote discrimination on the basis of religion. Adam Serwer at MSNBC comments on “the latest setback for the religious right.”
Writing for Voices at the Open Society Foundations, Viorel Ursu explains why Ukraine’s future will be decided “by the new government’s response to the fundamental demands for justice.”
At The Atlantic, Andrew Cohen notes the “problem of lengthy delays in capital cases.”
Dan Markel at Prawfsblawg breaks down a new paper by Larry Krieger that helps answer the question, “What makes lawyers happy?”
The Justice Department has been asked to investigate accusations of CIA surveillance of computers used by Senate staff to prepare a Senate Intelligence Committee report allegedly detailing “how the CIA misled the Bush administration and Congress about the use of interrogation techniques that many experts consider torture.” Jonathan S. Landay, Ali Watkins, and Maris Taylor at McClatchy DC have the story.
State officials are appealing U.S. District Judge John G. Heyburn II’s ruling that Kentucky must recognize same-sex marriages legally performed outside the state. Writing for The Courier-Journal, Tom Loftus and Chris Kenning report on why the Office of the Attorney General is sitting this one out.
The Supreme Court agreed to hear oral argument in a case that challenges the Arkansas Department of Corrections’ no-beard policy for inmates. Ruthann Robson—Faculty Advisor for the CUNY School of Law ACS Student Chapter—reviews Holt v. Hobbs at the Constitutional Law Prof Blog and explores whether the ADC’s policy violates the Religious Land Use and Institutionalized Persons Act.
Yesterday, the Supreme Court expanded whistleblower protections. In Lawson v. FMR LLC, the justices agreed to extend such protections to businesses working for public companies. Writing for Reuters, Lawrence Hurley breaks down the high court’s decision.
Andrew Cohen at The Atlantic examines United States v. Maloney, a case that features a wrongfully convicted man, an intrepid prosecutor and “a result … that is worthy of respect.”
Alex Rich at Above the Law argues why a new meaning of legal work “may define the work of a generation of lawyers.”
Moazzam Begg, an ex-Guantánamo detainee and prominent critic of the West’s War on Terror, was arrested Tuesday in an “anti-terror raid” in Birmingham, England. Begg, a native-born British citizen, was detained for three years after September 11, 2001 without being charged of a crime. Glenn Greenwald and Murtaza Hussain at The Intercept discuss the “dubious terrorism charges” that are “part of the effort to criminalize Muslim political dissent.”
The Public Campaign Action Fund is spending $1 million to rally New York Gov. Andrew Cuomo and state legislators to pass a bill that would combat big-money politics and "raise up the voices of everyday people in our political process." Andy Kroll at Mother Jones has the story.
A secretly recorded video of recent Supreme Court oral argument has been released by the advocacy group 99Rise.org. Bill Mears of CNN reports on the rare footage that is raising concerns at the high court.
Dana Milbank of The Washington Post comments on the GOP’s frivolous lawsuits against the Obama administration and their ideological shift on judicial activism.
At ACLU’s Blog of Rights, Dennis Parker compares commentary on Adkins et al. vs. Morgan Stanley with the eloquent imagery of Jamaal May’s “There Are Birds Here.”