Tagged SCOTUS

Inferred Consent: Merrick Garland Should Be Allowed To Sit On The Court

By Andrew Hanson* After refusing to hold hearings on the appointment of Merrick Garland, President Obama’s nominee to fill a Supreme Court vacancy—because “the people” should be able to decide who nominates the next Justice—Republicans recently suggested that they would continue to leave the Court with a vacancy if the people’s decision was Hillary Clinton….

The Supreme Court Vacancy and the End of Capital Punishment

By Isaac Saidel-Goley* Justice Antonin Scalia’s passing on February 13 has fundamentally altered the ideological composition of the Supreme Court. The Court has for decades consistently leaned Right and suddenly finds itself leaning Left. This shift in the composition of the Court provides a rare opportunity for abolitionists to successfully challenge the constitutionality of capital…

On Senate Divisions, Carbon Emissions, and Appointment Decisions

By Robert Seaney* The passing of one of America’s most prolific jurists has sparked a fierce debate over Constitutional interpretation in an entirely different branch of government. Senators Ted Cruz and Mitch McConnell immediately took to Twitter to express their intentions to block any nomination advanced by President Obama; Senator Elizabeth Warren responded that such…

SCOTUS Invites Death Row to BYOE (Bring Your Own Executioner)

By Charles McGonigal The death penalty is the government’s deepest moral quagmire. An execution is irrevocable and heavily resembles the crimes that it punishes. To make peace with this decision, society deploys resources to try to avoid executing innocents (due process, defense counsel, mandatory appeals) and to distinguish it from homicide. One of the most…

Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project: A fair housing victory also vindicates the right way to interpret Civil Rights law

By Francesca Procaccini In a seismic, albeit relatively foreseeable, week at the Supreme Court—one in which love and equal justice triumphed over antiquated beliefs and modes of interpreting the Constitution, in which President Obama’s landmark health care bill again repelled attack, in which rights of criminal defendants were safeguarded and the viability of solitary confinement…

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