Categories
Constitutional Law

SCOTUS Dodges Issue of Removing Undocumented Immigrants from Census

The Supreme Court has dismissed as premature a challenge to President Trump’s plan to exclude people living in the country without legal documents from the Census’ population count, used to allot states seats in the House of Representatives. The six conservative judges on the Court said that until action is actually taken and people are […]

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Constitutional Law

In Yet Another 5-4 decision SCOTUS Strikes Down Louisiana’s Restrictive Abortion Law

Its been a heck of a SCOTUS term so far, with key rulings on Gay Rights; DACA and now abortion. This decision today in June Medical Services LLC v. Russo, is a great relief to supporters of women’s reproductive rights. Since the language of this law was nearly identical to the Texas law struck down […]

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Constitutional Law

5-4 SCOTUS Upholds DACA: Admin Had No Right to Terminate Program

Another day, another big loss for the Trump Administration and I would argue another great win for American society. In a 5-4 vote, with Chief Justice John Roberts joining the liberal wing of the Court to form a majority, the Supreme Court blocked the Trump administration from ending the Deferred Action for Childhood Arrivals (DACA) […]

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Constitutional Law

SCOTUS Rules LGBTQ Workers Covered Under Civil Rights Act

In a landmark ruling, the U.S. Supreme Court ruled that Title VII of the Civil Rights Act prohibits job discrimination on the basis of sexual orientation and transgender status, a major victory for advocates of gay rights; the transgender rights movement; and anyone who recognizes the invalidity of discrimination against any class of people on […]

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Constitutional Law

SCOTUS Opinion on COVID Church Restriction is Brief But Says a lot About the Court.

A few days ago, at midnight, the Supreme Court rejected a church’s challenge to California’s COVID-19 restrictions by a 5–4 vote, with Chief Justice John Roberts joining what is considered the liberal wing of Breyer, Sotomayor, Ginsburg and Kagan. In a pointed concurring opinion, Roberts chided the conservative wing for trying to override public health […]

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Constitutional Law Criminal Law

SCOTUS Overrules Non-Unanimous Jury Verdicts But Were Stare Decisis and Abortion Also on Trial?

Back in August 2019 I wrote about Calvin Duncan, a jailhouse lawyer with only a 10th grade education who got the Supreme Court of the United States to look at the issue of non-unanimous jury verdicts in criminal cases, a procedure permitted in only two states: Louisiana and Oregon. (see https://courtroomstrategy.com/2019/08/power-of-persistence-jailhouse-lawyer-takes-case-to-scotus/ ) Well in October […]

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Constitutional Law Criminal Law

Power of Persistence: “Jailhouse Lawyer” Takes Case to SCOTUS

Only two States in the country, Louisiana and Oregon, allow for non-unanimous verdicts in criminal cases. One man – Calvin Duncan – has been fighting it in his home State of Louisiana for over 20 years. Duncan does not have a law degree. In fact he only had a 10th grade education when he was […]

Categories
Wrongful Convictions

SCOTUS Won’t Overturn $28MM Wrongful Conviction Verdict from Nebraska

The Supreme Court on Monday rejected a rural Nebraska county’s appeal of a $28 million court judgment rendered in 2016 compensating six people wrongfully convicted of a 1985 rape and slaying. Gage County had filed a writ of certiorari asking the Supreme Court to look at the verdict after a Federal appeals court upheld the […]

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Employment Law

Big Boost to Employers: 5-4 SCOTUS Upholds Arbitration Clauses in Employment Agreements

Giving employers a significant win, a sharply divided Supreme Court upheld the right of employers to include arbitration clauses in their employment agreements that seriously curtail employees’ ability to file class actions and pursue court claims for wage and hour violations. The case was closely watched by advocates on both sides of the issue as […]