Cornell law professor Michael C. Dorf comments on a recent decision by the Eleventh Circuit sitting en banc, in which the court upheld Florida’s Section 0751, by which the Republican-controlled state legislature gutted a voter referendum that would have restored the right to vote to ex-felons in the state who had served their time. Dorf points out that the court’s vote was split based on the party of the President who appointed them and argues that the majority exhibited an attitude of “petty sticklerism,” invoking formalistic and reality-denying reasons to rule as it did.
Austin Sarat—Associate Provost, Associate Dean of the Faculty, and William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College—explains how a recent decision by the Florida Supreme Court allowing that state to proceed with its plan to execute Harry Franklin Phillips highlights America’s illusory quest to ensure that the death penalty be precisely targeted only at “the worst of the worst.” Sarat argues that it is now time to acknowledge that the attempt to exclude clear categories of offenders from death eligibility has failed to adequately protect the dignity of those prisoners, which Justice Anthony Kennedy viewed as a central part of the Eighth Amendment.
Marci A. Hamilton—professor and resident senior fellow in the Program for Research on Religion at the University of Pennsylvania and founder, CEO, and Academic Director of CHILD USA—discusses the significance of Patriots owner Robert Kraft being charged with soliciting a prostitute at a strip mall in Florida, after a sting exposed a sex trafficking scheme there. Hamilton points out the differences between the handling of Kraft and the mishandling of Palm Beach sex trafficker Jeffrey Epstein and suggests Kraft may be the “canary in the coal mine” indicating a shift of power from perpetrators to their victims.
SMU Dedman School of Law professor Joanna L. Grossman comments on a recent decision by a federal court in Florida correctly denying an employer’s motion for summary judgment in a workplace rape case that deserves a full trial on the merits. Grossman points out that anti-discrimination law is not sufficient to eliminate, or even substantially reduce, the incidence of sexual harassment at work, but it is unquestionably necessary to address that problem and protect survivors.
Illinois Law dean and professor Vikram David Amar discusses several legislative proposals in various states that purport to give state legislatures power to interpret and implement the federal Constitution notwithstanding judicial rulings interpreting the same. Amar explains some of the key differences between the different proposals and why some are likely to pass constitutional muster while others are not.
Cornell University law professor Joseph Margulies discusses the problem of states executing death row inmates under laws subsequently found to be unconstitutional, as has happened in Texas and in Florida, and likely in many other cases. Margulies laments that the United States continues to experiment with capital punishment when experience demonstrates the procedures for imposing this irreversible sentence are rife with problems.