Supreme Court

US Law

Plyler v. Doe: Undocumented Students and Post-Secondary Education

November 13, 2018 Isadora Toledo 0

Summary: Plyler v. Doe lay the groundwork for states to recognize the value of awarding education to every group, regardless of citizenship status. Yet the evolution of education means that over thirty years later, its shortcomings are impossible to ignore. Perhaps even from its conception, American society has recognized the value of education. Over a decade ago, Chief Justice Warren regarded education as “perhaps the most important function of state and local governments” – a “right which must be made available to all on equal terms.” In a country whose history is fraught with battles for liberty, various marginalized groups – from indigenous peoples to Latinx communities – have struggled to claim this right. And for many, specifically undocumented immigrants, the struggle continues. As immigration and naturalization policies increasingly come to conflict with education, questions of who deserves what and why are brought to the forefront. Although the struggle for […]

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US Law

Balancing Presidential Powers: Appointment of Matthew Whitaker

November 13, 2018 Phil Ma 0

Summary: The appointment of Chief of Staff to the Attorney General Matthew Whitaker as acting Attorney General after resignation of Jeff Sessions has raised questions about the constitutionality of the appointment. Although these questions stem from concern about Whitaker’s position on the Mueller probe, they are nonetheless legitimate, unanswered questions about the constitutionality of the president appointing someone not confirmed by the Senate to an office that answers only to the president. On Wednesday, Nov. 7, 2018, Attorney General Jeff Sessions submitted his letter of resignation at the request of President Donald Trump. Then the President appointed Matthew Whitaker, Chief of Staff to Attorney General Sessions, to become the new acting Attorney General of the United States of America. The next day, Neal Katyal and George Conway III, husband of Kellyanne Conway, wrote an Opinion article in the New York Times claiming that the appointment of Whitaker to the position […]

US Law

The Supreme Court’s Ability to Enforce Rulings

November 1, 2018 Gramal Ralph 0

Summary: The Supreme Court’s move to the right has raised questions of the Court’s ability to enforce its rulings.  To many Americans, the confirmation of Justice Brett Kavanaugh marked the Supreme Court’s move to the ideological right. The country is wondering how this will affect rulings on landmark issues such as abortion, religious liberty, the rights of the LGBTQ community, and more. Americans have long looked at the Supreme Court as an authority to protect the people from unconstitutional executive actions, laws, and statutes. It is often seen as the last line of defense to protect civil liberties. However, the Constitution does not establish a basis for the court to enforce its decisions. In early American history, the Court’s role in government was unknown. The Constitution, in Article III: sections one and two, establishes the Supreme Court as the highest court in the land. It was not until 1803, that […]

US Law

Swartz v. Rodriguez: A Question of Qualified Immunity

November 1, 2018 Phil Ma 0

Summary: U.S. government officials sometimes must make discretionary decisions in split-seconds with only limited information. To protect these officials from personal, civil lawsuits, the idea of qualified immunity was born. However, questions are raised when a discretionary decision kills someone who is not a citizen and it occurs outside of US territory. These are the questions that Swartz v. Rodriguez seeks to answer. Background In October 2012, Lonnie Swartz, a U.S. border patrol agent, shot and killed 16-year-old Mexican national Jose Antonio Elena Rodriguez. He was shot approximately 10 times through the border fence that separated the United States and Mexico, all entering the body from behind. Agent Swartz was standing within the United States during the shooting and Mr. Rodriguez was wholly in Mexico. Swartz claimed that the deceased, referenced as J.A. in court documents, threw rocks at him; however, the First Amended Complaint submitted to the courts claim […]

US Law

Internal Revenue Service or International Revenue Service?

October 25, 2018 William Tong 0

What does the eastern African nation of Eritrea have in common with the United States? Not much, aside from a shared practice that makes the two countries absolutely unique in the entire world: the practice of collecting income taxes based on citizenship as opposed to residency. The overwhelming majority of tax-collecting jurisdictions on Earth are based on the concept of residency, whereby the tax laws of a jurisdiction define a set of criteria to determine whether a person is considered a resident in said jurisdiction. For instance, two common components of residency tests include, first, the circumstances in which a particular length of physical presence within a jurisdiction would count toward residency, and second, a threshold of length of physical presence above which residency is ascertained. Most jurisdictions also have a clause that allows for stays or visits that do not contribute to residency, such as transitional presence and various […]

US Law

SFFA v. Harvard: A New Era for Affirmative Action

October 16, 2018 Phil Ma 0

Summary: The Supreme Court will have to revisit the issue of affirmative action in SFFA v. Harvard and may drastically change the legal framework in regards to college admissions going forward. Background Students for Fair Admissions (SFFA) sued Harvard University in November of 2014 alleging discriminatory admission standards. SFFA, representing a coalition of Chinese-, Indian-, Korean-, and Pakistani-American organizations across the U.S., contests Harvard’s claim that their holistic admissions process weights race fairly and argues. The coalition claims Harvard’s admissions process violates the Equal Protection Clause of the Fourteenth Amendment. SFFA claims that legacy and athlete admissions cannot explain the disparity in admission gaps using statistical analyses of Harvard’s admissions data conducted by Peter Arcidiacono, a labor economist and professor at Duke University. Using the same data, David Card, professor of economics at University of California, Berkeley, reached very different conclusions than Arcidiacono’s. Card’s study has been endorsed by former Federal Reserve […]

US Law

NIFLA v. Becerra: Does The C.A. Reproductive FACT Act Violate Crisis Pregnancy Centers’ Free Speech Rights?

October 15, 2018 Samia Noor and Alan Zhao 0

Summary: A 2015 California law that requires crisis pregnancy centers to inform eligible women of state programs available to help them triggered opposition from anti-abortion advocates. The court decision ruled in favor of the state government, but not likely to put an end to debates as such. Since Roe v. Wade in 1973, abortion has been a mainstay cultural battleground in the United States. In the decades since, multiple challenges have been made to alter the scope of its judgement. Most relevantly, Planned Parenthood v. Casey (1992) largely reaffirmed Roe v. Wade. However, Planned Parenthood v. Casey opened the door to certain regulations on abortion providers, including requiring them to provide information to patients regarding the fetus, detrimental effects of abortion, and adoption. Planned Parenthood v. Casey set the stage for states to regulate abortions, even in the first trimester in some cases, as long as said regulations do not […]