Tag: SCOTUS
Rethinking Originalism
(Source) Introduction With Amy Coney Barrett’s confirmation, the Supreme Court now has a firm supermajority of Republican-nominated justices for the first time in over a decade. Although this almost certainly will affect how the Court will now decide on a host of crucial policy issues moving forward, from allegations of electoral fraud, to abortion, to…
15 Mar 2021
An Overdue Overturning: The Insular Cases and the Need for Heightened Judicial Review for Puerto Rico
(Source) In the aftermath of Hurricane Maria, which left the entirety of Puerto Rico without power, President Donald Trump visited the island. Towards the end of his trip, President Trump began tossing paper towels into a crowd — as if he were a rock star tossing T-shirts to a concert crowd. This conduct, while…
16 Nov 2020
The Cost of Congress Kicking the Can on DACA
(Source) In 2012, the U.S. Secretary of Homeland Security established Deferred Action for Childhood Arrivals (“DACA”) in an attempt to address the issue of deporting immigrants who were brought to the U.S. as children, never received legal status, and have lived continuously in the U.S. since 2007. Since its implementation, around 800,000 individuals have…
26 Oct 2020
Native Nations & Rural America: An Unlikely Partnership?
(Source) Introduction In the wake of McGirt v. Oklahoma, Tribes across America celebrate the Supreme Court’s reaffirmation of tribal sovereignty and self-governance. In the landmark case, the Court held that the Muscogee Creek reservation had not been disestablished and that criminal jurisdiction remained with the Tribe and the federal government – not the state. This…
23 Oct 2020
The Machinery of Death: The Federal Death Penalty’s Reinstatement is Arbitrary, Capricious, Illegal, and Cruel
(Source) Introduction In the early hours of July 14th, 2020, while most people were asleep or just starting their days, the Federal Government executed Daniel Lee Lewis, jumpstarting the return of federal executions. The federal government executed Mr. Lee despite myriad procedural and legal deficiencies. Mr. Lee was executed without a new warrant allowing…
17 Jul 2020
Supreme Court to Hear Landmark LGBTQ Cases
On Monday April 22, 2019, the Supreme Court of the United States has agreed to hear three cases which seek rulings on whether sexual orientation, transgender status, and transitioning status are protected under Title VII of the Civil Rights Act after years of courts and government agencies taking conflicting positions on this landmark issue. The…
24 Apr 2019
Dismantling Voting Rights Part I: Historical Background
In Part I of a two-part series, Madeline Weiss discusses the history behind the passage of the Voting Rights Act of 1965.
4 Jan 2014
Choosing Justices
With three Supreme Court Justices to celebrate their 80th birthdays in the next four years, it’s likely that we’ll see at least a few new appointees in President Obama’s new term. Nate Hoeschen questions the method used when new justices are chosen.
23 Mar 2013
A Farewell to Affirmative Action
Margaret Schmidt reflects on the importance of Fisher v. University of Texas as a vessel for modifying the country’s flawed affirmative action programs.
2 Oct 2012
ObamaCare Recusal
Requests that some justices recuse themselves from hearing the healthcare cases reveal the public’s declining trust of the Supreme Court.
10 Jan 2012