Want to know what the Supreme Court might look like in a Trump Administration? We've got you covered. Take a look at our curated list of opinions written by his nominees.
In this essay, Litman and Rahman argue that if the Supreme Court grants habeas relief in this month’s Beckles v. United States, then it should spell out certain details about where a Beckles claim comes from and who such a claim benefits. Those details are not essential to the main question raised in the case, but the federal habeas statute takes away the Supreme Court’s jurisdiction to hear just about any case that would raise those questions. For that reason, Litman and Rahman conclude that failing to address those questions now could arbitrarily condemn hundreds of prisoners to illegal sentences and lead to a situation where the habeas statute is unconstitutional.
Fear of persecution based on one’s family ties has long been considered a basis for asylum in the United States. Recently, however, the scope of that protection has come under dispute and, as a result, may be expanding. In this Essay, Blake argues for a more expansive interpretation of these asylum claims, recognizing family-based persecution even when persecutors have multiple motives for targeting their victim.
In this essay, Koppelman reviews Secular Government, Religious People by Ira C. Lupu and Robert W. Tuttle. Lupu and Tuttle offer a timely examination of how and where religious liberty and American law intersect. Koppelman offers his take and places the book within the scholarship on religious liberty.