Search Results for: rehnquist

In its recent Moore v. Harper decision, the US Supreme Court rejected the so-called independent state legislature theory. That theory holds that state legislatures are insulated from the ordinary exercise of state judicial review under the Elections Clause. The Elections Clause specifically provides: The Times, Places and Manner of holding Elections for Senators and Representatives, [...]

Marisa Wright is a US National Correspondent for JURIST, and a 2L at Harvard Law School.   On Wednesday, December 7, the US Supreme Court will hear oral arguments in a case involving a fringe legal idea called the independent state legislature theory that poses a threat to the current system of election administration in the [...]

The US Supreme Court Wednesday heard an oral arguments for Vega v. Tekoh. The case will determine whether a person can seek civil relief when an officer fails to provide them with their Miranda rights, legal protections for potential criminal defendants against self-incrimination. Terence Tekoh was employed as nursing assistant at a Los Angeles medical center [...]

Joe Biden has won states worth 306 Electoral College votes, 36 more than the 270 needed to win, and received in excess of 5 million more popular votes than Donald Trump. Yet Trump insists the election was stolen from him and he is the victor. Trump started attacking the election months before it happened. He [...]

This essay describes a walk not taken with my students. Here is a pdf version for anyone that might like to have a copy of this material for personal or educational use. The purpose of the walk was to show one thing: a big monument cannot fix a small person or a bad idea. This [...]

The US Department of Justice (DOJ) released a memo Monday arguing that Congress may not constitutionally compel senior presidential advisors to testify about their official duties, referring to an April 22 subpoena of former Counsel to the President Donald McGahn to testify on matters regarding the report of Special Counsel Robert Mueller. The House Judiciary [...]

President Donald Trump’s recent nomination of Judge Brett M. Kavanaugh as Associate Justice to the U.S. Supreme Court from a list of potential candidates has ignited immediate support and criticism from conservatives and liberals respectively. An undergrad and law alum at Yale University, Judge Kavanaugh clerked for the departing Justice Anthony Kennedy, practiced law privately [...]

JURIST Guest Columnist Victor Williams discusses separation of powers between the Executive and Judicial branches, and how this relates to the travel restrictions imposed by Donald Trump... Among President Donald Trump's fundamental constitutional duties are implementing war strategy as Commander-in-Chief...

JURIST Guest Columnist Hugh D. Spitzer of the University of Washington School of Law discusses US Supreme Court decisions which could derail the anticipated efforts by president-elect Trump to punish so-called "sanctuary cities" ... During the recent election campaign, candidate...

JURIST Guest Columnist Roxane Peyser of the Law Office of Roxane Peyser in Lyons, Colorado discusses the issues in question concerning challenges to Colorado's legalization of marijuana...The requirement that a plaintiff have standing is derived from Article III of the...