Unanimous Juries (and So Much More): Ramos v. Louisiana

In Ramos v. Louisiana, the Supreme Court held that the Sixth Amendment requires a jury that convicts a defendant to do so unanimously—and that this requirement applies to the states. In the process, the Court struck down non-unanimous jury statutes in Louisiana and Oregon, and overruled Apodaca v. Oregon (1972). But Ramos was not your typical incorporation-doctrine case. References to Jim Crow and racial segregation were sprinkled throughout the case’s opinions; Justice Clarence Thomas wrote extensively on his incorporation philosophy; and, most interestingly, Justice Brett Kavanaugh penned a long, solo concurrence in which he laid out his opinion on stare decisis and when to overrule precedent. Here’s my analysis of Ramos v. Louisiana.

Read More »

An Earth Day Extravaganza: Weekly Brief for April 20

Earth Day was Wednesday, April 22. So it was only fitting that the Supreme Court decided its first environmental law cases of the term—two of them, in fact. One dealt with the process for cleaning up “Superfund” sites, and the other with point source pollution permits under the Clean Water Act. But the Court didn’t stop there; four more decisions were handed down: a landmark Sixth Amendment case, for which I wrote an in-depth analysis here; a complex immigration law case, for which you might need multiple cups of coffee and an abacus; and two intellectual property law cases, which, with all due respect, might be best read if you’re trying to fall asleep. Here’s your recap for the week of April 20.

Read More »

This Week’s Brief: October 7

Congratulations: 1 week of the Court’s term is down, three dozen (or more) to go. Though its first full day in session was relatively quiet, Tuesday landed with a bang. Garnering headlines throughout the nation were oral arguments in three cases concerning LGBTQ+ and transgender rights in the workplace. Transcripts and full audio recordings of these cases (as well as the three heard on Monday) are linked here. After a three-month summer sabbatical, your weekly briefings on the action at the U.S. Supreme Court are back. Here’s your brief for the week of October 7—the first week of the Court’s O.T. 2019.

Read More »