article thumbnail

US dispatch: ‘independent state legislature’ theory raised by Moore v. Harper threatens US election administration

JURIST

Marisa Wright is a US National Correspondent for JURIST, and a 2L at Harvard Law School. . Arizona Independent Redistricting Commission (2015). Members of the Court’s current conservative supermajority, though, have expressed support for the theory over the years.

article thumbnail

‘Outrageous Outcomes’: Plea Bargaining and the Justice System

The Crime Report

TCR: When did the guiding philosophy of our criminal justice system connect to the concept of stare decisis, which obligates courts to follow historical cases when making a ruling on a similar case? DC: The law exists to protect capital.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Roe Redux: Is The Viability Test Still Viable as a Constitutional Doctrine?

JonathanTurley

Indeed, the late Justice Ruth Bader Ginsburg was a critic of Roe , seeing it as too sweeping in supplanting state laws. To uphold Roe , the court likely will require more than the usual arguments of stare decisis , the doctrine that the court should generally stand by its precedents.

article thumbnail

Guest Commentary: Dobbs v. Jackson and Juliana v. United States: “Innumerable Human Lives”

ClimateChange-ClimateLaw

Since about the time these lawyers were born, the days were waning when the Constitution was only for men; we attended law school when, for the first time in history, female students began to equal the number of male students. And no, Justice Kavanaugh, the Constitution is not “neutral” about women’s rights.

article thumbnail

How the Supreme Court Laid the Foundations for ‘Racialized Policing’

The Crime Report

When Berkeley Law School Dean and constitutional scholar Erwin Chemerinsky taught Criminal Procedure in the Fall of 2019, he became frustrated when he realized many of the cases that were the subject of his lectures ended with the police winning and the rights of suspects losing. Or does stare decisis make it stuck as a precedent?

Court 122