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Argument preview: Must an unauthorized immigrant in possession of a firearm know he is in the country illegally?

When the federal government prosecutes someone not legally in the United States for possessing a firearm, must the government prove that the person actually knew he was not legally in the country? Or need the government merely prove that the person knew he possessed the firearm? The U.S. Supreme Court will puzzle over this classic, yet novel, statutory question of “mens rea,” or criminal intent, when it hears argument on April 23 in Rehaif v. United States. In August 2013, Hamid Mohamed Ahmed A...
Tags: Featured, Supreme Court, Law, Congress, Fbi, United States, United Arab Emirates, Melbourne, Armed Forces, U S Supreme Court, U S Court of Appeals, 11th Circuit, Florida Tech, Gorsuch, Melbourne Florida, Merits Cases


Court releases April calendar

The Supreme Court has released its calendar for the April sitting, which begins on April 15. Unlike the February and March sittings, which will feature only six and nine hours of argument, respectively, the April sitting is scheduled to have a full slate of 12 oral arguments – two on each of the six days of the sitting. The April sitting is perhaps most noteworthy for what it does not currently include: the challenge to the Trump administration’s decision to add a question about citizenship to t...
Tags: New York, Featured, Supreme Court, Law, California, United States, Davis, Wisconsin, Smith, United, Newton, Trump, Howe, Argus, McDonough, Brunetti


OT2018 #15: “Second Best Opinion”

The January sitting is over and the Supreme Court will be out of session for a few weeks. But First Mondays keeps on working even when the justices are taking a break. Professors Dan Epps and Leah Litman catch you up on the court’s latest opinions; review the big batch of cert grants, as well as the high-profile petitions the court hasn’t (yet) granted; and play a few fun clips from last week’s arguments. That’s not all—listen to hear us discuss an interesting recent piece by Professor Daniel He...
Tags: Supreme Court, Law, United States, Ruth Bader Ginsburg, Leah, U S Court of Appeals, Daniel Hemel, Leah Litman, Neil Gorsuch, Dan Epps, First Mondays, Stokeling, Rehaif


Non Sequiturs: 01.13.19

* A happy 200th birthday to Cravath, which celebrates its bicentennial in 2019 (and which has launched a sharp-looking, historically rich microsite for the occasion). [Cravath/200] * According to Dayvon Love, "the policy response from mainstream political institutions and the Democratic Leadership in Maryland to the issue of gun violence and homicide in the Black community is mired in racism." [Leaders of a Beautiful Struggle] * The current Term of the Supreme Court doesn't boast many blockbus...
Tags: Florida, Crime, Maryland, Supreme Court, Law, Scotus, Copyright, Racism, United States, Intellectual Property, Government Shutdown, Shutdown, Capitol Records, Florida Supreme Court, Adam Feldman, Grady


Eight new grants, Ginsburg recovery from surgery “on track”

One day after Politico reported that White House officials were preparing for the possible “death or departure” of Justice Ruth Bader Ginsburg, who had surgery in late December to remove two cancerous growths from her lungs, the Supreme Court announced today that there was no evidence of any other cancer, and that the 85-year-old Ginsburg would not require any further treatment. Ginsburg’s recovery from surgery is “on track,” Supreme Court spokeswoman Kathleen Arberg said in a statement, althoug...
Tags: New York, Featured, Supreme Court, Law, California, White House, Usda, United States, South Dakota, United Arab Emirates, Davis, Wisconsin, Lgbtq, Smith, Ruth Bader Ginsburg, Newton


Supreme Court adds three (little?) criminal cases to its docket

The US Supreme Court this afternoon released this order list in which the Court granted certiorari in eight new cases.  Three of these cases are criminal justice matters, and here are the basics with a big assist from SCOTUSblog: Quarles v. United States, No. 17-778 Issue : Whether Taylor v. United States’ definition of generic burglary requires proof that intent to commit a crime was present at the time of unlawful entry or first unlawful remaining, as two circuits hold; or whether it is enou...
Tags: Supreme Court, Law, Court, United States, Wisconsin, Taylor, US supreme court, Mitchell, Quarles, Douglas A Berman, Rehaif


Relist Watch

John Elwood reviews Monday’s relists. With just one conference left in 2018, all is quiet on the Supreme Court’s shadow docket. Scarcely a creature has been stirring among the returning relists, which – with one exception – have been nestled snug in their beds for at least five relists each and thus are past the point where the statistics would say they’re prime candidates for a grant. (Sure, there are exceptions. But they are just that – exceptions.) And the serial rescheduled cases also appear...
Tags: Florida, Texas, Featured, Supreme Court, Law, Congress, Kentucky, Virginia, Cotton, United States, Williams, New Jersey, United Arab Emirates, Kansas, Ohio, Atkins



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