Judicial Branch Archives

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Historic Second Impeachment, Part One: Questions of Constitutionality and Unity

February 03, 2021

Last week, the House of Representatives delivered an article of impeachment to the Senate, accusing former President Donald Trump of inciting violence against the U.S. government on the basis of his actions relating to the January 6 storming of the Capitol.1 Already the first U.S. president to be impeached twice, President Trump will also become […]

Executive Privilege and the Supreme Court

May 18, 2020

Last week, the Supreme Court heard arguments in two cases involving President Donald Trump’s tax returns and financial records, Trump v. Mazars and Trump v. Deutsche Bank. During the 2016 election, then-candidate Trump broke with tradition and refused to release many of his financial records and tax returns. The president is suing his accountants and […]

Coronavirus, Prisons, and Detention Centers

March 24, 2020

In the face of the spreading COVID-19 pandemic, government officials and medical experts are calling on people all over the world to practice social distancing.1 In general, this means canceling events and gatherings, avoiding large groups and crowds, and, when possible, staying home. Many people are working from home,2 schools have closed or moved online,3 and […]

Gender, Identity, and Official IDs

March 13, 2020

In February, Representative Ro Khanna (D-Calif.) introduced the Gender Inclusive Passport Act (H.R. 5962) in the House of Representatives. The legislation currently has 25 cosponsors, all of them Democrats.1 If the bill becomes law, it would create a third gender designation on U.S. passports—unspecified (X)—to join the existing designations of male (M) and female (F).2 […]

Is It a Crime When Politicians Lie?

February 05, 2020

“There’s a clear difference between politics and a crime,” Michael Levy told the Supreme Court in January,1 when he made arguments in a case about New Jersey’s “Bridgegate” scandal. As the justices considered whether or not a public official commits fraud by obfuscating the “real reason”2 behind a decision, they asked both sides tough questions […]

The Death Penalty: A Just Punishment?

December 04, 2019

On November 15, 2019, the Texas Court of Criminal Appeals suspended the execution of Rodney Reed and sent his case back to trial, due to new witness testimony that pointed to his innocence and raised concerns about how evidence was handled during the initial trial.1 Since 1977, at least 166 inmates have been released from death […]

How the Supreme Court Could Reshape Discrimination Lawsuits

November 15, 2019

On November 13, 2019, the Supreme Court heard arguments in Comcast Corp. v. National Association of African American-Owned Media.1 The Court’s decision will determine how difficult it will be to bring future cases regarding possible racial bias to trial.2 Facts of the Case Byron Allen, an African American, owns Entertainment Studios Networks (ESN), which operates […]

The Supreme Court Will Address DACA. What Will Follow?

October 30, 2019

On November 12, 2019, the Supreme Court will hear arguments about the Trump administration’s efforts to end the immigration policy known as Deferred Action for Childhood Arrivals (DACA). The status of DACA recipients has been in limbo for over two years amidst administration actions and court injunctions. What Is DACA? After Congress failed in its […]

The End of the Draft?

March 12, 2019

Last month, a federal judge in Texas ruled that an all-male draft is unconstitutional.1Current laws demand that all males must register for Selective Service within 30 days of their 18th birthday, or face prosecution, fines and prison time. If an American male over 18 is not registered, he is not eligible for federal student aid, cannot […]

Who counts in America?

March 05, 2019

Every ten years, the federal government conducts a census to count people residing in the United States. The information gathered helps the federal, state, and local governments plan and create public policy, identifies regional and national trends, and, most importantly, is used in apportioning seats in the U.S. House of Representatives. As the U.S. population […]