ACSBlog

  • September 18, 2017
    Guest Post

    by Lauren Sudeall Lucas, Associate Professor, Georgia State University College of Law

    In imposing the most severe of sentences—the death penalty—our legal system expects and requires jurors to be fair and impartial.That requires them to refrain from making decisions based on race. What then would we make of a capital juror who questions whether black people “have souls” and suggested that a black defendant wasn’t “in the ‘good’ black folks category” but instead told an attorney in a sworn affidavit that the defendant was a “ni**er”? Allowing that juror to decide whether a black defendant should be sentenced to death would directly contradict the principles on which our legal system is based, and yet that is precisely what happened in the case of Keith Tharpe, who is scheduled for execution in Georgia on September 26.

  • September 18, 2017
    Guest Post

                                                                                                                                                            by Patrick Kibbe, Associate, Cleary Gottlieb Steen & Hamilton and co-chair of the Constitution in the Classroom Committee for the ACS DC  Lawyer Chapter.

    This past Sunday, September 17, marked Constitution Day – a day to celebrate and commemorate the 230th anniversary of the signing of the U.S. Constitution. The Constitution was the first of its kind – a document enshrining the roles and limits of government, created and adopted by “We the people” of an independent nation. Its promise and the responsibilities it imposes on the people of this nation endure to this day.

  • September 18, 2017
    Guest Post

    by Christina Beeler, ACS Student Board member

    President Donald Trump seemingly endorses police brutality of suspects. He said, “like when you guys put somebody in the car and you’re protecting their head, you know, the way you put their hand over? Like, don’t hit their head and they’ve just killed somebody – don’t hit their head. I said, you can take the hand away, okay?” Although defenders insisted his remarks were made in jest, police departments all over the country rushed to condemn Trump’s remarks.

    Trump’s words brought up an old debate: should the protections of the Constitution extend only to those we deem worthy of empathy or is the Constitution there to protect even those who we may find abhorrent?

  • September 18, 2017

    by Christopher Kang, ACS Board member and former Deputy Counsel to President Barack Obama

    *This piece was originally posted on Huffington Post

    It’s not who you think.

    Senator McConnell blocked her nomination to the U.S. Court of Appeals for the Sixth Circuit.

    By refusing to return his blue slip.

  • September 14, 2017
    Guest Post

    by Pamela S. Karlan, Kenneth and Harle Montgomery Professor of Public Interest Law and Co-Director of the Supreme Court Litigation Clinic at Stanford Law School

    *This piece was originally posted on Stanford Law School Blog

    Edie Windsor had a signature set of pearls and a signature set of advice: “Don’t postpone joy” and “Keep it hot.” In the five years I knew her, no one followed that advice more resolutely.

    I began working on Edie’s challenge to the federal Defense of Marriage Act (DOMA) on July 4, 2012, when Robbie Kaplan, who was representing her, sent me an email asking if I was interested in helping out. We often say about the Stanford Supreme Court Litigation Clinic (which I co-direct with Jeff Fisher) that we serve as local counsel, only our locale is the U.S. Supreme Court. Robbie brought me in to help with a petition for cert. before judgment; Edie was 83 years old and there was then no telling how long proceedings in the Second Circuit might take. (As it turned out, the Second Circuit issued a ruling in our favor with unusual dispatch.)