Month: January 2020

Case Law

Aftermath of the Youth Climate Change Lawsuit

January 30, 2020 Dominique Karesh 0

Introduction: In 2015, 21 youth plaintiffs filed a lawsuit against the United States and several executive branch officers, including former President Obama and President Trump. The plaintiffs of the Juliana v. United States suit, who are all between the ages of 12 and 23, argued that government inaction in regards to climate change violated their “fundamental constitutional rights to freedom from deprivation of life, liberty, and property.” The plaintiffs were able to meet the requirements for standing with proof that they were adversely affected by the climate crisis. For instance, Levi Draheim, a 12-year-old plaintiff, had been injured by repeat evacuations during worsening storms. At the time, the Juliana suit was one of many climate change lawsuits making their way to the US court system. The youth lawsuit stood out because it challenged the federal government, rather than fossil fuel companies themselves. As climate change remains a pressing issue, the […]

Case Law

Kansas v. Garcia

January 22, 2020 John Markis 0

Kansas v. Garcia focuses on the arrests and subsequent convictions of three men in separate incidents. The eponymous defendant, Ramiro Garcia, who worked as a line cook in Olathe, Kansas, was stopped in 2012 for a simple speeding violation. Upon closer inspection, the police officer on duty discovered that authorities were already searching for Garcia; by seizing his federal employment document, the Employment Eligibility Verification, known colloquially as his I-9, detectives assessed that Garcia had falsified his social security number and charged him with identity theft. Garcia was initially found guilty in Johnson County, yet the Kansas Supreme Court overturned this ruling after appeal because of the fact that the I-9 is a federal document. In effect, the Kansas Supreme Court negated prosecutors’ ability to present federally mandated statutes as evidence of disobedience of state law.    The Supreme Court will thus answer whether states have the capacity to determine their […]