Case

Party Presentation: A Mysterious New Rule?

by

The recent ruling in Clark v. Sweeney has sparked discussions about the implications of party presentation in the legal system. This case, decided by the Supreme Court, introduces a principle that could redefine how courts evaluate arguments presented by parties in criminal cases. The concept of party presentation suggests that courts should rely solely on the arguments made by the litigants, raising questions about the potential consequences for justice and fairness in legal proceedings. The Principle of Party Presentation The principle of party presentation posits that courts are bound to consider only the arguments that … Read more

Bush v. Gore in Retrospect

by

The Supreme Court case Bush v. Gore, decided on December 12, 2000, marked a pivotal moment in American electoral politics. The decision effectively resolved one of the most contentious presidential elections in U.S. history, raising questions about judicial impartiality and the role of the judiciary in electoral processes. As we reflect on the case 25 years later, its implications extend beyond the courtroom, influencing public perception of the Supreme Court and its decisions. The Background of Bush v. Gore The events leading to Bush v. Gore began during the presidential election on November 7, 2000. … Read more

Court to Hear Case on Racial Discrimination in Jury Selection

by

The Supreme Court is set to examine a pivotal case concerning the intersection of racial discrimination and jury selection, specifically focusing on the constitutional implications of peremptory challenges. This case, Pitchford v. Cain, arises from the conviction of Terry Pitchford, who argues that his death sentence was imposed in violation of the Constitution’s prohibition against racial discrimination in jury selection. The outcome of this case could have significant ramifications for how juries are selected across the United States. Background of the Case Terry Pitchford was convicted nearly two decades ago for his involvement in the … Read more

The concurrence that was really a dissent

by

The dynamics of dissent within the U.S. Supreme Court often reveal deeper complexities than a mere disagreement among justices. In cases where the majority opinion is not as clear-cut as it appears, concurring opinions can sometimes mask underlying dissent. This phenomenon was notably evident in the 2014 case of NLRB v. Noel Canning, where the implications of the ruling extended far beyond the immediate labor dispute, raising questions about the separation of powers and the role of the presidency in making recess appointments. Background of the Case In January 2012, President Barack Obama made several … Read more