Supreme Court

  • May 21, 2014

    The legacy of the Supreme Court’s landmark decision in Brown v. Board of Education remains mixed. While the Court’s 1954 ruling set a necessary precedent for education equality, many argue that it has been a “repository of unmet expectation.” Writing for ISCOTUSnow, Christopher Schmidt explains why “that’s not all bad.” 
     
    The Supreme Court has stayed the scheduled execution of Russell Bucklew. His lawyers contend that Bucklew’s  rare health condition would cause excruciating pain if the lethal injection was administered. Andrew Cohen at The Atlantic reports on the constitutional issues at play. 
     
    Writing for OnLabor, Benjamin Sachs discusses the union issues facing workers at a Volkswagen plant in Tennessee and whether the automobile company can implement a works council without violating labor law.
     
    At Womenstake, Gail Zuagar explains why we must support the The Strong Start for America’s Children Act in order to “make high-quality preschool available to children from low- and moderate-income families.” 

     

  • May 20, 2014
     
    Amid some calls to step down from the bench, Justices Ruth Bader Ginsburg and Stephen Breyer have remained adamant that retirement is not in their near future. L.J. Zigerell at The Monkey Cage explains why Court watchers should not hold their breath.
     
    Yesterday, the Supreme Court agreed to hear a case involving the unfair firing of Robert J. MacLean, an air marshal for the Transportation Security Administration who was dismissed after releasing sensitive information to the media. Robert Barnes at The Washington Post  discusses the possible implications of the case.
     
    At the Brennan Center for Justice, Ciara Torres-Spelliscy follows the recent history of money and politics in New York as the state gets closer to meaningful campaign finance reform.
     
    Jason Mazzone at Balkinization notes his visit to the UK Supreme Court and describes the casually civilized courtroom environment.
     
    Writing for Demos, Devin Fergus examines racial inequality 60 years after the Supreme Court’s landmark decision Brown v. Board of Education.
  • May 19, 2014
    In 2008, before he was the Solicitor General of the United States, Donald B. Verrilli Jr. argued the dangers of administering the three drug lethal injection protocol in Baze v. Rees. Now, following the botched execution of Clayton D. Lockett, many of the risks highlighted by General Verrilli have come true. Writing for The New York Times, ACS Board Member Linda Greenhouse discusses the state of capital punishment.
     
     
    Adam Liptak at The New York Times describes the troubling case of Billy Wayne Cope, a man convicted of raping and murdering his 12 year-old daughter. After confessing three times to the crime, Cope’s lawyers are appealing his conviction, blaming intense police interrogation for his multiple confessions.
     
    The Utah Supreme Court has granted a stay in response to previous orders for the state’s Department of Health “to issue birth certificates in same-sex parent adoptions.” The Associated Press has this story.
     
    As we celebrate this year’s college graduates, Henry Louis Gates Jr. at The Root  introduces his readers to America’s “first black collegians who faced a system that explicitly favored the white elite.”
     
    Gerard Magliocca at Concurring Opinions examines the influence of M’Culloch v. Maryland and The Federalist
  • 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.