Judicial Amendment of Statutes
Eric Fish 84 Geo. Wash. L. Rev. 563 When courts engage in judicial review they do not merely invalidate or “strike down” unconstitutional statutes. Instead, they rewrite such statutes in order to make them constitutionally valid. They can do this in a variety of ways—by deleting words from a statute, adding words to a statute,... Read More
United States Army Corps of Engineers v. Hawkes Co., Inc.: Navigating the Clean Water Act
United States Army Corps of Engineers v. Hawkes Co., Inc., 578 U.S. ___ (2016) (Roberts, C.J.). Response by Professor Robert L. Glicksman Geo. Wash. L. Rev. On the Docket (Oct. Term 2015) Slip Opinion | Politico | SCOTUSblog Navigating the Clean Water Act The Supreme Court held in United States Army Corps of Engineers v. Hawkes... Read More
Foster v. Chatman: E-Racing the White Jury’s Constitutional Veneer
Foster v. Chatman, 578 U.S. ___ (2016) (Roberts, C.J.). Response by Phyllis Goldfarb Geo. Wash. L. Rev. On the Docket (Oct. Term 2015) Slip Opinion | New York Times | SCOTUSblog E-Racing the White Jury’s Constitutional Veneer When Stephen Bright, a well-known capital defense attorney, began his oral argument before the Supreme Court in Foster v.... Read More
Spokeo, Inc. v. Robins: When Is a Person Harmed by a Privacy Violation?
Spokeo, Inc. v. Robins, 578 U.S. ___ (2016) (Alito, J.). Response by Daniel Solove Geo. Wash. L. Rev. On the Docket (Oct. Term 2015) Slip Opinion | New York Times | SCOTUSblog When Is a Person Harmed by a Privacy Violation? The U.S. Supreme Court just handed down a decision in an important case, Spokeo... Read More
Ocasio v. United States: The Contortionist Extortionist
Ocasio v. United States, 578 U.S. ___ (2016) (Alito, J.). Response by Professor Randall D. Eliason Geo. Wash. L. Rev. On the Docket (Oct. Term 2015) Slip Opinion | New York Times | SCOTUSblog The Contortionist Extortionist In criminal law, we ordinarily think of perpetrator and victim as two distinct entities. It would be nonsensical,... Read More
Molina-Martinez v. United States: When Guidelines Affect Substantive Rights
Molina-Martinez v. United States, 578 U.S. ___ (2016) (Kennedy, J.). Response by Professor Stephen A. Saltzburg Geo. Wash. L. Rev. Docket (Oct. Term 2015) Slip Opinion | New York Times | SCOTUSblog When Guidelines Affect Substantive Rights Saul Molina-Martinez pleaded guilty to being unlawfully present in the United States after having been deported following an... Read More
Hughes v. Talen Energy Marketing, LLC: Energy Law’s Jurisdictional Boundaries – Take Three
Hughes v. Talen Energy Marketing, LLC, 578 U.S. ___ (2016) (Ginsburg, J.). Response by Professor Emily Hammond Geo. Wash. L. Rev. Docket (Oct. Term 2015) Slip Opinion | SCOTUSblog Energy Law’s Jurisdictional Boundaries – Take Three The Supreme Court has been extremely active in policing energy law’s jurisdictional boundaries, issuing three opinions on the... Read More
Bank Markazi v. Peterson – Equity and Justice versus the Separation of Powers
Bank Markazi v. Peterson, 578 U.S. ___ (2016) (Ginsburg, J.). Response by Dean Alan Morrison Geo. Wash. L. Rev. Docket (Oct. Term 2015) Slip Opinion | New York Times | SCOTUSblog Equity and Justice versus the Separation of Powers When the Supreme Court held oral argument on January 13, 2016 in Bank Markazi v.... Read More
The Natural-Born Citizen Clause, Popular Constitutionalism, and Ted Cruz’s Eligibility Question
Professor Christopher W. Schmidt and Professor Matthew T. Bodie · April 2016 84 Geo. Wash. L. Rev. Arguendo 36 This Essay argues that recent debates over the eligibility of Barack Obama and Ted Cruz to serve as President offer unique insights into the phenomenon of constitutional contestation outside the courts. Rather than anything approaching serious... Read More
On the Docket’s Preview of April Supreme Court Arguments
The Supreme Court’s decisions often create wide-ranging precedent that affects many people, and it is easy to forget that the cases involve individuals who personally have a lot at stake in the case’s outcome, regardless of the case’s broader impact. This month’s cases bring the personal aspect of Supreme Court cases back into focus. Many of... Read More