Tag Archives: Supreme Court

Will the Constitution Protect Thousands of Immigrants Now Living in Limbo?

ELIZABETH MONTANO—Approximately 70% of immigrants (around 280,000 people) in pending immigration proceedings are detained pursuant to statutes that decree mandatory detention—that is, detention that is required without any opportunity for individualized assessment of whether the detention is appropriate or even necessary. 8 U.S.C. § 1225(b) provides for the mandatory detention of individuals, such as asylum […]

An Empty Seat: The Consequences of an Eight Justice Court and the Opportunity For An Even Split

BROOKE PATTERSON—The surprising death of Associate Supreme Court Justice Antonin Scalia in early February was met with a mixture of shock and surprise. Whether you agreed or disagreed with his arguments or opinions, his death leaves the Court with only eight sitting justices, until a new justice can be confirmed. And while there have been […]

Musical Chairs: Replacing Justice Scalia

ANDREW PIPER—On February 13th, 2016, Justice Scalia passed away at a resort in Shafter, Texas. Justice Scalia was known for his sarcastic dissents and his contempt for the use of legislative history in statutory interpretation. Moreover, Justice Scalia was a profound supporter of bright-line legal rules as opposed to legal balancing tests and was extremely […]