Cornell Law professor Michael C. Dorf discusses the effect and implications of Texas’s SB8 law and Missouri’s Second Amendment Preservation Act (SAPA) on federal law and the judiciary. Professor Dorf argues that both laws employ a strategy to circumvent federal court review, but suggests there may be growing recognition among Supreme Court Justices of the dangers posed by such laws, which seek to undermine federal authority and judicial review.
Amherst professor Austin Sarat comments on the recent execution of Michael Tisius by the state of Missouri, despite a request by several of the jurors who sentenced him to death in 2010 that his sentence be commuted to life without parole. Professor Sarat points out that the finality and likelihood of errors are but two reasons that any civil and just society should abolish the death penalty.
Illinois Law dean Vikram David Amar comments on a recent decision by a federal district judge striking down Missouri’s Second Amendment Preservation Act (SAPA). Dean Amar argues that while there are signification portions of SAPA that are unconstitutional and should be enjoined, the court’s decision is overbroad and poorly reasoned and should be reversed in part on appeal.
Amherst professor Austin Sarat comments on a Missouri capital case in which both the defense lawyer and a special prosecutor appointed to review the case agree that unconstitutional racial bias played a crucial role in the handling of the case. Professor Sarat points out that such agreement is very unusual and that it thus falls to the Missouri Supreme Court to halt the execution so that the issues they have raised can be thoroughly investigated, or else allow the execution to go forward in a move that is perilously close to the state supreme court acquiescing in a lynching.
Joanna L. Grossman, SMU Dedman School of Law professor, and Lawrence M. Friedman, a Stanford Law professor, comment on the legal trouble facing Missouri governor Eric Greitens for allegedly taking a nonconsensual compromising photo of a woman with whom he was having an affair. Grossman and Friedman describe the relatively new state statute under which Greitens was charged and explain some of the nuances of that law.
Marci Hamilton, a Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, explains how the Satanic Temple is fighting the same fight Jehovah’s Witnesses started—to keep the government from imposing tenets of any specific religion on all citizens despite their faith. Hamilton describes the history of this issue in the United States and discusses the current lawsuit involving the Satanic Temple.