Controversial

The Most Unorthodox Dissent

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In the annals of the Supreme Court, dissenting opinions often serve as a vital counterbalance to the prevailing majority. One of the most striking examples of this occurred on August 3, 1973, when Justice William O. Douglas, acting alone and far from the usual confines of the Court, issued a dissent that would challenge the very principles of executive power and constitutional authority. This dissent was not merely a disagreement but a profound reflection of the tensions between the legislative and executive branches during a tumultuous period in American history. The Context of Constitutional Tensions … Read more

Hamm v. Smith and the Future of Capital Punishment

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The case of Hamm v. Smith has emerged as a focal point in the ongoing debate surrounding capital punishment and its constitutional implications. This case, which centers on the intellectual disability of Joseph Clifton Smith, raises significant questions about the standards used to determine eligibility for the death penalty. As the legal landscape evolves, the outcomes of such cases may have far-reaching consequences for the future of capital punishment in the United States. The Constitutional Context of Hamm v. Smith At the heart of Hamm v. Smith lies the pivotal issue of whether Smith qualifies … Read more

The Supreme Court’s “Reindeer Rule” and Its Implications on Religious Displays

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The intersection of public displays and religious expression has long been a contentious issue in American law, particularly as it pertains to nativity scenes during the holiday season. Each year, communities find themselves embroiled in debates over whether such displays should occupy public land, leading to legal challenges that invoke the First Amendment’s establishment clause. This ongoing discourse can be traced back to pivotal Supreme Court rulings that have shaped the legal landscape surrounding religious displays in public spaces. The Lynch v. Donnelly Case One of the most significant cases addressing this issue was Lynch … Read more

The Worst Supreme Court Case You’ve Never Heard Of, and Its Implications for Immigration Enforcement

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The Supreme Court has been the battleground for many controversial cases throughout American history, shaping the legal landscape in profound ways. One such case, often overlooked in discussions of civil rights and immigration, is Prigg v. Pennsylvania. This 1842 decision not only reflects the tumultuous relationship between state and federal authority but also offers a lens through which to examine contemporary immigration enforcement under the Trump administration. The case centers around the lives of Margaret and Jerry Morgan, a free Black couple whose story illuminates the complexities of citizenship and legal status in America. Background … Read more