Remove Constitutional Law Remove North Carolina Remove Statute
article thumbnail

The independent-state-legislature theory for congressional maps and liability for cities under the ADA

SCOTUSBlog

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the Constitution permits state courts to play a role in congressional redistricting and whether plaintiffs can hold cities liable when city employees violate federal protections for people with disabilities. In Moore v. Census data.

Court 129
article thumbnail

Affirmative Action Kicked Off Busy Week for SCOTUS

Constitutional Law Reporter

University of North Carolina, which are poised to determine the role of affirmative action in college admissions. Another provision of the statute, however, also allows inmates to collaterally challenge their convictions outside this process through a traditional habeas action under 28 U.S.C. Harvard College and SFFA v.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

The independent state legislature theory and more on jurisdiction

SCOTUSBlog

Moore argues that unlike other constitutional provisions, the clause does not refer to the state itself, but a particular institution of government. Last November, the North Carolina legislature enacted a new map for congressional elections in response to the 2020 U.S. We begin with a case that is a potential blockbuster.

Court 105
article thumbnail

Could Cosby Sue For Wrongful Conviction?

JonathanTurley

Roughly 30 states and the District of Columbia have statutes allowing for recovery for wrongful convictions and imprisonment. A federal case in North Carolina recently resulted in $75 million in damages for two wrongly convicted men but that award was in the federal system. However, recently Gov.

Tort 45
article thumbnail

UNC Law Student Who Questioned Racial Incident Is Disqualified From Running For New Office

JonathanTurley

We recently discussed the case of University of North Carolina law student Sagar Sharma, a student of color, who faced a recall election as the first-year class co-president. For example, in reviewing a criminal law (which is admittedly raises a more heightened concern), the Court in C onnally v. DeBartolo Corp.

Laws 33
article thumbnail

The court is poised to set jurisprudence on race for generations — and not just in affirmative action

SCOTUSBlog

Bollinger declared an expectation that affirmative action would no longer be necessary in 25 years — a self-imposed expiration date that would be unheard of in any other area of constitutional law. 9, another remedial statute is at risk. In Haaland v.

Court 102
article thumbnail

Georgetown Professor Denounces “Lawless” and “Actively Rogue” Justices, Lawyers, and Law Professors

JonathanTurley

Another poll at the University of North Carolina found that conservative students are 300 times more likely to self-censor themselves due to the intolerance of opposing views on our campuses. We have to show and teach that the forms and tropes of law can be used quite skillfully to mask deeply lawless judicial opinions and statutes.

Lawyers 36