Legal Resources

Legal Resources to help you navigate the law.

Court appears divided on whether lower courts properly found death row inmate to be intellectually disabled

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The Supreme Court recently grappled with the complex case of Joseph Smith, an Alabama man who has spent over two decades on death row. The core issue at hand is whether the lower courts adequately assessed Smith’s assertion of intellectual disability, which is critical in determining his eligibility for execution. Smith’s situation is particularly challenging due to the fact that he has undergone five separate IQ tests over nearly four decades, yielding varying results that complicate the legal proceedings surrounding his death sentence. Background of the Case Smith’s legal battle is rooted in the Supreme … Read more

Relist Rodeo: Firearm Restrictions, Searches Incident to Arrest, DNA Evidence, and ‘Clearly Established’ Law

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The Supreme Court’s relist process has garnered significant attention, especially as the Court prepares for its upcoming term. With a pressing calendar and a multitude of cases awaiting review, the relist phenomenon serves as a critical mechanism for revisiting contentious legal issues. Among the topics currently under consideration are firearm restrictions, searches incident to arrest, and the implications of DNA evidence in legal proceedings. This segment will delve into these pivotal areas, emphasizing their relevance within the broader context of jurisprudence. Firearm Restrictions and Their Legal Challenges One of the most pressing issues in the … Read more

Text and History, Not History and Tradition

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The interpretation of constitutional law often hinges on the principles of textualism and historical context. In debates surrounding the Second Amendment, a prevalent notion is that the Supreme Court employs a “history and tradition” test to adjudicate claims. However, this characterization can obscure the essential role of the text itself in constitutional interpretation. This discussion aims to clarify the distinction between relying solely on tradition versus a more balanced approach that incorporates both text and history. The Misconception of “History and Tradition” in Constitutional Interpretation Many legal scholars argue that the Supreme Court’s reliance on … Read more

SCOTUS Today for Wednesday, December 10

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On this day, December 10, the Supreme Court of the United States (SCOTUS) will deliberate on significant legal matters that touch upon crucial constitutional principles. One of the notable cases on the docket is Hamm v. Smith, which revisits the implications of the landmark decision in Atkins v. Virginia. This case is pivotal as it addresses the intersection of intellectual disability and capital punishment in the context of constitutional protections against cruel and unusual punishment. Overview of Hamm v. Smith The case of Hamm v. Smith will explore certain aspects of the Supreme Court’s previous … Read more