The concurrence that was really a dissent

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

SCOTUS Today for Friday, December 12

On December 12, the Supreme Court of the United States (SCOTUS) is poised to address several significant issues that have emerged in recent weeks. As the court concludes its arguments for the month, the legal community remains keenly aware of the implications of these cases. Recent headlines have highlighted key legal battles, including a notable ruling related to religious discrimination and the enforcement of local codes. Recent Developments in SCOTUS As we reflect on the week, one particularly memorable headline stood out: No Religious Discrimination Shown in Enforcement of Septic Tank Code. This case illustrates … Read more

Court appears divided on whether lower courts properly found death row inmate to be intellectually disabled

The Supreme Court recently grappled with the complex case of Joseph Smith, an Alabama man who has spent over two decades on death row. The core issue at hand is whether the lower courts adequately assessed Smith’s assertion of intellectual disability, which is critical in determining his eligibility for execution. Smith’s situation is particularly challenging due to the fact that he has undergone five separate IQ tests over nearly four decades, yielding varying results that complicate the legal proceedings surrounding his death sentence. Background of the Case Smith’s legal battle is rooted in the Supreme … Read more

SCOTUS Today for Wednesday, December 10

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