Dear Reader, Welcome to Volume 7, Number 2 of the Claremont Journal of Law and Public Policy! We received a record number of submissions for this edition, which includes analyses of campaign finance reform, pre-natal healthcare in prisons, insulin pricing, and much more. We also have a wide-ranging interview with Professor Ken Kersch of Boston College; Staff Writer Sarah Wilson talked with...
OPINION: Our Constitutional Duty; The Death Penalty, Intellectual Disability, and Moore v. Texas
By Isaac Cui (PO ’20), Managing Editor The Supreme Court yesterday acted on Bobby Moore’s death penalty case and ordered that Moore cannot be executed because of his intellectual disability.[1] It was a small step on an arcane issue, one that does not fundamentally change the Court’s capital punishment jurisprudence. But it was nevertheless a moral victory for our Constitution. In 2002, the...
The Department of Justice’s Refusal to Defend the Affordable Care Act
By Isaac Cui (PO ‘20) Managing Editor In March, I wrote an article for the CJLPP about a lawsuit filed by Texas and joined by nineteen other states to enjoin enforcement of the Affordable Care Act (ACA, often called Obamacare). On Thursday, June 7, 2018, the United States Department of Justice filed its brief in the case, asserting that parts of the ACA are unconstitutional and requesting a...
Understanding Masterpiece Cakeshop
By Isaac Cui (PO ’20) The Supreme Court yesterday released opinions in Masterpiece Cakeshop v. Colorado Civil Rights Commission,[1] a highly-anticipated case which seemed to pit the civil rights of gay people against the religious objections of others. While the holding of the case was nominally in favor of the petitioner, who sought protection for his religious objections against Colorado’s anti...
Patient Protection and Affordable Care Act Returns to Federal District Courts
By Isaac Cui (PO ’20) The Patient Protection and Affordable Care Act (ACA), colloquially called Obamacare, is back in the federal district courts. On February 26, 2018, 20 states, led by Texas, filed suit against the United States seeking to enjoin the enforcement of the Affordable Care Act. While the remedy sought sounds drastic, the suit rests on dubious legal analysis, and it is...
The Promise of Privacy Protections: Rights for Unauthorized Migrants
By Isaac Cui (PO ‘20), Senior Editor Introduction On February 10, Daniel Ramirez Medina was taken by the Immigration and Customs Enforcement (ICE) and placed in detention to await deportation proceedings. Having come to the United States at the age of seven, the 24-year-old registered under the Deferred Action for Childhood Arrivals (DACA) program.[1] DACA gives selected unauthorized migrants[2]...
The Case for (and Against) Sanctuary Jurisdictions
Isaac Cui PO ‘20 Introduction On January 25, 2017, Donald Trump issued two sweeping executive orders which removed many of the previous administration’s policies regarding immigration enforcement in favor of a stringent, restrictionist approach. More specifically, one[1] punishes so-called sanctuary policies for causing “immeasurable harm to the American people and to the very fabric of our...