Rights

Supreme Court further closes the prison gates

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The recent decision by the Supreme Court to deny Danny Howell’s petition for review has raised significant concerns regarding access to justice for incarcerated individuals. In a move that goes beyond simply dismissing Howell’s request, the Court has implemented a policy that restricts future noncriminal petitions filed in forma pauperis. This decision, which has been described as a “Martin-izing” of petitioners, has profound implications for those unable to afford the substantial costs associated with filing in the Supreme Court. Understanding the Implications of the Court’s Decision Filing a petition in the Supreme Court is not … Read more

Supreme Court Further Closes the Prison Gates

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On January 20, 2023, the Supreme Court took a significant step that may have far-reaching implications for access to justice, particularly for incarcerated individuals. In a routine order, the Court dismissed a petition from Danny Howell, denying his request to file without paying court fees due to financial hardship. However, the Court’s decision did not stop there; it also barred Howell from filing any future noncriminal petitions in forma pauperis, a move that has drawn criticism from legal experts and advocates alike. Implications of the Court’s Decision Justice Ketanji Brown Jackson expressed her dissent against … Read more

Supreme Court to Hear Birthright Citizenship Case on April 1

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The Supreme Court is set to hear oral arguments on April 1 regarding a significant challenge to the concept of birthright citizenship in the United States. This case arises from an executive order issued by former President Donald Trump, which aimed to end the automatic granting of citizenship to children born in the country to non-citizen parents. The implications of this case are profound, as they touch upon constitutional rights and the interpretation of the 14th Amendment, which has historically guaranteed citizenship to all individuals born on U.S. soil. Background of the Case The legal … Read more

Can Traditionalism Be Originalist?

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The debate surrounding the compatibility of traditionalism and originalism in constitutional interpretation has gained traction in recent years. Originalists assert that constitutional provisions should be understood according to their original public meaning at the time of ratification. However, the question arises: can the evolving practices and interpretations that have emerged since ratification inform our understanding of these provisions? This inquiry is crucial as it touches on the balance between adhering to the Constitution’s original intent and acknowledging the significance of historical practices that have developed over time. Understanding Originalism and Traditionalism Originalism is a judicial … Read more