Tag Archives: SCOTUS

Juarez v. People of the State of Colorado: Is “Probably” Sufficient to Satisfy a Defense Attorney’s Duty to Give Clear Advice in the Face of Deportation?

JAE LYNN HUCKABA–One decade later, the major constitutional victory for noncitizens in Padilla v. Kentucky could be completely eroded by one Supreme Court decision. On July 30, 2020, the Harvard Law School Crimmigration Clinic filed a petition for writ of certiorari with the United States Supreme Court to review the Colorado Supreme Court’s decision in […]

Carney v. Adams: SCOTUS Considers Political Balance in Delaware Courts While the Nation Debates Politicization of Supreme Court Justice Nominations

JOSE I. ORTEGA—On October 5, 2020, the U.S. Supreme Court began its term by hearing telephonic oral arguments for Carney v. Adams, a case that considers bipartisanship in the Delaware courts. At the time, only eight justices sat on the bench, following the death of Justice Ruth Bader Ginsburg barely three weeks prior. Meanwhile, members […]

Bostock and the Threat of Judicial Overreach

CHASE WATHEN—With everything that has been going on this year, some recent controversial decisions out of the Supreme Court have flown under the radar. One such case is Bostock v. Clayton County, which held that the Civil Rights Act of 1964 prohibited discrimination in employment based on someone’s gender identity and sexual orientation. Justice Gorsuch, […]

The Fight Against Affirmative Action Continues: Fisher v. University of Texas at Austin, Round Two

BY CAITLIN GILES — Many are familiar with Fisher v. University of Texas at Austin (Fisher I), the lawsuit that challenged the University of Texas (“UT”) at Austin’s use of racial preferences in its admissions system. The case went all the way to the Supreme Court in 2013 before being remanded back to the Fifth Circuit. […]

Right to Religious Freedom in the Workplace: U.S. Supreme Court to Decide Whether Abercrombie Violated Title VII by Refusing to Hire Muslim Woman with Headscarf

BY CAROLINE MCGEE — The Roberts Court has made headlines in recent years for its controversial decisions involving the right to religious freedom. The docket for the October 2014 term indicates that the Court remains intent on resolving disputes surrounding this fundamental First Amendment right. In Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, […]