Supreme Court

  • May 16, 2014
     
    An unclassified report released Wednesday by the departments of Justice and Defense assured  members of Congress that “if Guantánamo Bay detainees were relocated to a prison inside the United States, it is unlikely that a court would order their release onto domestic soil.” Charlie Savage at The New York Times discusses how the report “addresses concerns over President Obama’s plan to close the controversial prison.
     
    Yesterday, U.S. District Court Judge James E. Boasberg upheld Washington, D.C.’s strong post-Heller gun regulations, finding that they “pass constitutional scrutiny.” Ann E. Marimow at The Washington Post has the story.
     
    At The Week, Matt Bruenig argues in favor of term-limiting Supreme Court justices. In his article, Bruenig supports a proposal that would enable Supreme Court judges to serve single, staggered 18-year terms.
     
    Earlier this week, the U.S. Court of Appeals for the Seventh Circuit struck down several sections of Wisconsin’s campaign finance law. At Concurring Opinions, Ronald K.L. Collins breaks down Wisconsin Right to Life v. Barland
  • May 15, 2014
     
    At The Daily BeastGeoffrey R. Stone, former ACS Board Chair and current Co-Chair of the Board of Advisors for the ACS Chicago Lawyer Chapter as well as Co-Faculty Advisor for the University of Chicago Law School ACS Student Chapter, discusses how we can “trace unequal education funding back to a horrendous, little-remembered 1973 [Supreme Court] decision.”

    Saturday marks the 60th anniversary of the Supreme Court’s landmark decision in Brown v. Board of Education of Topeka. Lesli A. Maxwell at Education Week explains why “school diversity remains more complex than ever.”

    Amanda Holpuch at The Guardian comments on a report by Human Rights Watch which shows how young children who are “planting, weeding, and harvesting nicotine plants” are being “endangered by nicotine exposure in tobacco fields.”

    At the Richmond Times-Dispatch, Judith E. Schaeffer notes that “when it comes to marriage discrimination, the Commonwealth of Virginia has a great deal to learn from its own history.”

    Writing for CNN, Eric Segall urges the Supreme Court to televise its oral arguments and argues why life tenures for the justices must be removed. 

  • May 14, 2014
    At The New York Times, Charlie Savage discusses why the Obama administration is being accused of ignoring “statements it made to the Supreme Court about warrantless surveillance.”
     
    Yesterday, the U.S. Court of Appeals for the Fifth Circuit granted a stay of the execution for Robert 
    James Cambell due to his intellectual disability. Mark Berman at The Washington Post reports on what “would have been the eighth execution in Texas and the 21st execution in the country so far this year.”
     
    The Court of Justice of the European Union issued a ruling yesterday that experts say “could force Google and other search engines to delete references to old debts, long-ago arrests and other unflattering episodes.” The Associated Press addresses the implications of the court’s decision.
     
    Former Arkansas Gov. Mike Huckabee is calling for the impeachment of Arkansas Judge Christopher Piazza who struck down the gay marriage ban that Gov. Huckabee signed into law 17 years ago. Mario Trujillo at The Hill has the story.
     
    Writing for The Daily Beast, Daniel I. Weiner discusses “the worst campaign finance ruling” since Citizens United
  • May 13, 2014
    In an op-ed for The Boston Globe Harvard Law Professors Charles Fried and Laurence H. Tribe discuss why the concerns raised by some over the nomination of David Barron to the U.S. Court of Appeals for the First Circuit do not  “justif[y] delaying a vote, or denying Barron a seat on the First Circuit.”
     
    At Just Security, David Cole notes “why civil libertarians and drone critics should support David Barron.”
    Fred Wertheimer at Democracy 21 explains why, when it comes to campaign finance, “one day, there will be a new majority on the Supreme Court that reflects the views about ‘corruption,’ contribution limits and corporate spending in elections, held by the Supreme Court for decades until 2010.”
     
    Douglas Laycock at Balkinization discusses why the Supreme Court’s decision in Town of Greece v. Galloway “was no surprise…but [still] deeply disappointing.”
     
    “What is it like to visit your mom in prison on Mother’s Day?” Katie Rose Quandt at MotherJones addresses the realities surrounding the “1 in 28 children in the US [who] have a parent behind bars.”
  • May 12, 2014

    As education inequality increases, hostilities between public education and charter schools continue. Although many charter schools were established to “develop test kitchens for practices that could be exported into the traditional schools” it has “proved difficult to encourage the kind of sharing of ideas that charter schools were originally supposed to foster, given competitive dynamics.” Javier C. Hernandez at The New York Times comments on “charter and public schools and a chasm between.”
     
    Garrett Epps at The Atlantic describes a troubling scene which resulted in the shooting of an innocent man when a law enforcement official mistakenly accused him of car theft. In his article, Epps breaks down Tolan v. Cotton, in which for “the first time in a decade” the Supreme Court “held against law enforcement in a ‘qualified immunity’ case.”
     
    Adam Liptak at The New York Times discusses how “the deep and often angry divisions among [Supreme Court] justices are but a distilled version of the way American intellectuals — at think tanks and universities, in opinion journals and among the theorists and practitioners of law and politics — have separated into two groups with vanishingly little overlap or interaction.”
     
    The controversial execution of Clayton Lockett raised new questions about the merits of capital punishment in America. Boer Deng and Dahlia Lithwick at Slate explain why “in the push to abolish capital punishment, opponents of the death penalty have made it less safe.”
     
    Last week, an Arkansas state trial judge struck down the state’s ban on same-sex marriage. Lyle Denniston at SCOTUSblog breaks down Wright v. Arkansas