Justice

Text and History, Not History and Tradition

by

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

by

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

Supreme Court Difficult to Read in Case on Campaign Finance Limitations

by

The recent proceedings of the Supreme Court have brought to light significant challenges surrounding campaign finance limitations. The case, National Republican Senatorial Committee v. Federal Election Commission, involves a dispute over federal laws that restrict the amount of money political parties can spend in coordination with candidates. As the justices deliberated, the atmosphere was charged with questions regarding the balance between free speech and regulatory measures in electoral politics. Context of the Case During the oral arguments, which lasted over two hours, various justices expressed sympathy towards the challengers’ stance that these expenditure limits infringe … Read more

Supreme Court Sends Dispute on HIV Disability Claim Back to Lower Court

by

The Supreme Court recently made significant rulings regarding two distinct legal cases, one involving a disability claim related to HIV and the other concerning the definition of “reasonable doubt” in criminal trials. In the first case, the high court addressed the appeal of a Louisiana man who claimed he was denied access to a physical therapy clinic due to his HIV status. This ruling has potential implications for how federal disability laws are interpreted in relation to state laws, particularly during public health emergencies. Case Overview: Doe v. Dynamic Physical Therapy In Doe v. Dynamic … Read more