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Articles by Michael Meltsner
Does the Supreme Court Really Believe in the Constitution?
Sometime in the next two weeks, when the justices of the Supreme Court meet in conference, they will decide the fate of an unusual under-the-radar lawsuit brought two years ago to enforce what the lawmakers who amended the Constitution in 1868 thought was the “most important” clause: Section 2 of the Fourteenth Amendment.
The Supreme Court’s Blocking Strategy
There seems no end to the ethical questions surrounding the behavior of several Supreme Court justices, what with the endless stories of undisclosed swanky vacations and gifts, but the most shameful lapses aren’t personal, they’re institutional. Recall that Donald Trump has been charged with multiple felonies for attempting to overthrow the government.
Reviving an Unenforced Amendment
Sometimes a potentially seismic shift in the law is masked by opaque and technical legalese. So it was last week, when a federal court of appeals in Washington struggled to decide whether a nongovernmental organization that seeks to improve democratic elections was sufficiently injured—making it eligible for so-called standing to sue—to have its day in court to enforce a never-used provision of the Constitution.
Beating the Clock
When a three-judge panel of the D.C. Court of Appeals unanimously denied former President Donald Trump’s outlandish claim of absolute immunity from criminal prosecution, it put procedures in place that forced Trump to go immediately to the Supreme Court. In short, the judges recognized that regardless of the ultimate outcome, Trump could derail the case against him with a successful strategy of delay. Because the immunity case was under review, the original trial date had been set aside.
After Section 3 Comes Section 2
Attention in recent days has been paid to the Colorado Supreme Court’s ruling that Donald Trump can be barred from the presidential ballot for participating in an insurrection as ordered by Section 3 of the 14th Amendment. Maine’s secretary of state has also ruled Trump out. But under the radar, a separate case involving that amendment has been working through the courts, which would be just as impactful for the outcome of the 2024 elections.
A Day of Constitutional Reckoning Approaches
We swear oaths on the Constitution. We are taught every word; indeed, every comma counts. This month, a special three-judge federal district court, and the Supreme Court eventually, will be asked to resurrect 135 words of the Constitution that have never been enforced, even though they were specifically intended to ensure all Americans could vote free of only the most minor government regulation. Though few even know of its existence, Section 2 of the 14th Amendment is perfectly clear.
The Labor Board Gets a Raise
After nine lean years during which its budget had not increased by so much as a penny, the National Labor Relations Board has finally secured an increase in the 2023 funding bill that Congress will vote on this week. That doesn’t mean that nine fat years for the nation’s labor relations regulator are about to commence, but it does mean the NLRB will not be compelled to furlough staff and can make some badly needed hires in the coming year.
Does a Fair Way to Decide Who Gets The Death Penalty Actually Exist?
Jurisprudence By Michael Meltsner and Daniel S. Medwed Feb 22, 202212:22 PM San Quentin’s death lethal injection facility is shown before being dismantled at San Quentin State Prison on March 13, 2019 in San Quentin, California. California Department of Corrections and Rehabilitation via Getty Images This year is the fiftieth anniversary of the Supreme Court’s decision in Furman v.
Medwed and Meltsner: Repealing life without the possibility of parole sentences
Daniel Medwed and Michael Meltsner/Guest Columnists Sunday Sep 22, 2019 at 4:19 AM Massachusetts law allows judges to sentence certain criminal defendants convicted of murder to life in prison without the possibility of parole. This is cruel, obsolete, and expensive. And a pair of Massachusetts Senate and House Bills currently being heard in committee, and replete with 36 co-sponsors, would end this practice.
Medwed and Meltsner: Repealing life without the possibility of parole sentences
Daniel Medwed and Michael Meltsner/Guest Columnists Sunday Sep 22, 2019 at 4:19 AM Massachusetts law allows judges to sentence certain criminal defendants convicted of murder to life in prison without the possibility of parole. This is cruel, obsolete, and expensive. And a pair of Massachusetts Senate and House Bills currently being heard in committee, and replete with 36 co-sponsors, would end this practice.
Medwed and Meltsner: Repealing life without the possibility of parole sentences
Daniel Medwed and Michael Meltsner/Guest Columnists Sunday Sep 22, 2019 at 4:19 AM Massachusetts law allows judges to sentence certain criminal defendants convicted of murder to life in prison without the possibility of parole. This is cruel, obsolete, and expensive. And a pair of Massachusetts Senate and House Bills currently being heard in committee, and replete with 36 co-sponsors, would end this practice.
The Return of the Federal Death Penalty
JURIST Guest Columnist Michael Meltsner of Northeastern University Law School discusses the return of the Federal Death Penalty. Attorney General William Barr’s decision directing the Bureau of Prisons to resume execution of inmates sentenced to death by the federal government is so inconsistent with recent developments with respect to the death penalty that it makes plain how the action is driven more by electoral politics than public safety or penal policy.
Massachusetts' Criminal Justice Overhaul Must Remove Barriers To Finding Employment
The collateral consequences of a criminal conviction — the secondary punishments we impose on those with a record — are significant. Years ago, they kept Muhammad Ali from the boxing ring. They may keep Bowe Bergdahl from medical care. And, they recently led to rescinding the admission of a talented applicant from a Harvard doctorate program. These are just some high-profile examples.
Wrongful Convictions and the DNA Revolution
‘This thoughtful collection of essays on one of the most important scientific and legal advances of the past century is a must read for anyone who wants to understand American criminal justice. Exonerations have so much to teach us about what goes wrong in police encounters, prosecutors' offices, and courtrooms around the country, and this book serves as a much needed guide.' Rachel E.
The Odds of Overturning the Death Penalty
How vulnerable is the death penalty? It’s a question that has been asked with increasing frequency and intensity this year. Over the summer, Supreme Court Justice Stephen Breyer invited defense lawyers to bring a case that would allow the court to decide whether the punishment is “cruel and unusual” — meaning whether it should be abolished completely.
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