Controversial

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

Redistricting Cases Head for Rock Bottom

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The complex landscape of redistricting law has reached a critical juncture, particularly following the Supreme Court’s decision in Rucho v. Common Cause. This ruling declared that federal courts lack the authority to intervene in matters of partisan gerrymandering, leading to a proliferation of contentious redistricting cases across the United States. As states rush to redraw their electoral maps, the implications of this judicial abdication have become increasingly evident, often resulting in maps that favor one political party over another. The Aftermath of Rucho v. Common Cause The Rucho decision has left many wondering about the … Read more

What in the world is “zombie precedent”?

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The term “zombie precedent” is a fascinating concept in legal discourse, particularly in discussions surrounding judicial decisions that have outlived their original context or support. This intriguing phrase was popularized by Justice Antonin Scalia, who likened certain Supreme Court rulings to a ghoul that refuses to stay buried. Specifically, Scalia referred to the infamous Lemon test, which has haunted the court’s Establishment Clause jurisprudence for decades. The notion of a zombie precedent encapsulates the idea that some legal precedents can linger, re-emerging in legal arguments despite being largely discredited or abandoned. The Origins of Zombie … Read more

An Off-Ramp for the Court’s Next Big Gun Case

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The upcoming case of United States v. Hemani presents a pivotal moment for the Supreme Court as it prepares to deliberate on the complexities surrounding gun ownership and the implications of drug use under federal law. The case centers on the interpretation of 18 U.S.C. § 922(g)(3), which criminalizes firearm possession by individuals deemed unlawful users of controlled substances. With the increasing legalization of marijuana in various states, the statute’s application has become controversial, raising questions about its constitutionality and the broader implications for gun rights in America. Understanding the Legal Landscape In Hemani, the … Read more