Capitol Comments

Today the Supreme Court heard oral argument in its first abortion case since Justice Kennedy left the bench and was replaced by Justice Kavanaugh. The outcome of this case is likely to come down to Chief Justice Roberts and Justice Kavanaugh.  

In June Medical Services v. Russo the Supreme Court will decide whether Louisiana’s law requiring physicians performing abortions to have admitting privileges at a local hospital is...

In Barr v. American Association of Political Consultants the State and Local Legal Center (SLLC) has filed an amicus brief asking the Supreme Court to narrow its opinion in...

In Texas v. California and California v. Texas the Supreme Court will decide whether the Affordable Care Act’s (ACA) individual mandate is unconstitutional. More importantly, if the Court holds that it is, it will decide whether the individual mandate is severable from the ACA. It is possible the Court will conclude it isn’t and that the entire law is...

The Supreme Court was supposed to decide whether D.C. Sniper Lee Boyd Malvo could have his Virginia sentence of life in prison without parole reconsidered. The Supreme Court dismissed this case because Virginia just passed a law making all juvenile offenders eligible for parole after 20 years. Even if paroled in Virginia, Malvo faces six additional life sentences in Maryland.

In ...

McKinney v. Arizona is an excellent illustration of the complexity and disagreement on the Supreme Court over the death penalty. The Supreme Court held 5-4 that a court rather than a jury may reweigh improperly excluded mitigating evidence in a death penalty case on collateral review.

In 1992 James McKinney was convicted of two counts of first-degree murder. To receive the death penalty at least one aggravating circumstance must be found. A...

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