Articles by Megan Gerges

Case Reviews

Pereida v. Wilkinson

April 21, 2021 Megan Gerges 0

Facts:  In the midst of discussions regarding the surge of immigration on the southern border, the Supreme Court recently ruled against Clemente Pereida, an undocumented immigrant who arrived almost 25 years ago. Pereida, who has a wife and three children, including an American citizen and a DACA recipient, was convicted for criminal impersonation under a Nebraska state law after using a fake Social Security Number to obtain a job- a conviction that came in the midst of a removal proceeding against him for unlawful entry. Under the federal Immigration and Nationality Act (INA), undocumented immigrants who have been in the country for a minimum of 10 years, have “good moral character,” have not been convicted of particular crimes (including crimes of moral turpitude), and have relatives that are American citizens or legal residents for whom the removal would create an “‘exceptional and extremely unusual’ hardship” become eligible to request a […]

Case Reviews

California v. Texas: Another Challenge to the Affordable Care Act

March 17, 2021 Megan Gerges 0

In 2012, the Supreme Court decided NFIB v. Sebelius, which involved the Patient Protection and Affordable Care Act (“Obamacare”), originally passed by Congress in 2010. Specifically, its “individual mandate” (Section 5000A) has been highly controversial because it forced many Americans to either buy a minimum amount of health insurance or pay a “shared responsibility penalty.” In NFIB, the Court invalidated the individual mandate under Congress’s commerce powers but upheld it as part of Congress’s taxing powers. In 2017, a Republican-controlled Congress set the individual mandate to zero dollars but left the rest of the ACA intact. Texas and other states sued, generating another constitutional challenge to the individual mandate. They additionally argued that if it is unconstitutional, then the entire ACA is invalid because it is impossible to sever the individual mandate from the rest of the law. California and other states have defended the ACA in response.  Oral arguments […]