The US Supreme Court is set to hear oral arguments this week in a landmark case that will determine whether states are entitled to remove former president and current Republican frontrunner Donald Trump from election ballots over his actions on Jan. 6, 2021, when the US Capitol was stormed by protesters. In anticipation of the [...]
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Trump and Section 3 of the Fourteenth Amendment: An Exploration of Constitutional Eligibility
Academicians, lawyers, elections officials, pundits and politicians are presently ensconced in the problem of Donald Trump’s continuing constitutional qualification for presidential office. Although he plainly meets Article II of the United States Constitution’s three qualifications – at least 35 years old, natural born citizen, sufficient residence in the United States – Trump arguably runs afoul [...]
Canadian law students are reporting for JURIST on national and international developments in and affecting Canada. Mélanie Cantin is JURIST’s Chief Correspondent for Canada and a rising 3L at the University of Ottawa. On Monday, May 1, the jury for the coroner’s inquest into the 2015 death of 35-year-old British Columbia man Myles Gray during [...]
US Supreme Court hears oral arguments on Biden student loan forgiveness
The US Supreme Court Tuesday heard oral arguments in Biden v. Nebraska and Department of Education v. Brown, two cases that will determine the future of the Biden administration’s student loan debt forgiveness program. The plaintiffs in both cases allege that President Joe Biden’s program–a key 2020 campaign promise by the president–is a broad overreach of executive [...]
The US Supreme Court Monday heard its first oral arguments of the term in Sackett v. EPA over whether wetlands are “waters of the United States” under the Clean Water Act (CWA). The controversy arose in 2007 when “without a CWA permit, —who operated a commercial construction and excavation business—dumped approximately 1700 cubic yards of [...]
Canada Supreme Court rules extreme intoxication a criminal defense
The Supreme Court of Canada Friday ruled that extreme intoxication is a valid defense to criminal charges like murder and rape, overturning section 33.1 of the Criminal Code. The court upheld a lower courts’ ruling in R. v. Sullivan, which also found the extreme intoxication law unconstitutional, and overturned lower courts’ rulings in R. v. Chen [...]
Biden nominates DC federal appellate judge Ketanji Jackson to the Supreme Court
US President Joe Biden nominated Judge Ketanji Jackson of the US Court of Appeals for the District of Columbia Circuit as an associate justice to the Supreme Court on Friday. If her nomination is confirmed by the Senate, Jackson would be the first black woman to serve as a justice of the highest court of [...]
After Afghanistan: Taliban Power, Palestinian Terrorism and Islamist Sacrifice
“History is an illustrious war against death.” – José Ortega y Gasset, Man and Crisis (1958) Afghanistan and “Palestine”: Newly Emerging Linkages At first glance, there are no obvious connections between the Taliban victory over the United States in Afghanistan and Palestinian terrorism against Israel. Upon closer inspection, however, the recent Taliban triumph reflects more [...]
RBG’s ghost is stirring. When the US Supreme Court added a Mississippi case to its docket this term challenging a state law banning most abortions after 15 weeks, alarms went up that the Court’s new 6-3 conservative majority was coming after Roe v. Wade. Many believe the Court tipped its hand this week by declining to [...]
Missouri governor pardons lawyer couple who pointed guns at George Floyd protesters
Missouri Governor Mike Parson announced on Tuesday that he pardoned Mark and Patricia McCloskey, a couple who gained notoriety for pointing guns at peaceful protestors as they marched past their luxury home in St. Louis last year. Videos and photographs from June 2020 showed Mark McCloskey holding an AR-15-style rifle and Patricia McCloskey holding a [...]