Have You Any Decency? Bucklew v. Precythe and the Future of the Eighth Amendment

By Alex Simard (PO’22) Content Warning: This article, as it centers on the death penalty and a man condemned to it, contains depictions of gun violence, murder, and domestic and sexual violence, including rape. It also contains graphic depictions of petitioner’s medical condition and brief depictions of 17th- and 18th-century modes of punishment, including torture.…

Entering the Twilight Zone: A Historical Look at the National Emergency

By Alex Simard (PO’22) Mere hours after signing a measure to avoid a second government shutdown, President Trump declared a National Emergency in order to advance his campaign promise to build a wall along the southern border. A litigious storm followed the announcement as advocacy groups amassed and began contemplating how exactly to block the…

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…

Consensus or Confusion: Determining the Constitutionality of the Insanity Defense

By Rafael Santa Maria (PO ’20) A grisly capital murder case might determine the constitutionality of the insanity defense. In 2009, James Kraig Kahler shot and killed his wife, his mother-in-law, and his own two daughters in Burlingame, Kansas. After being found guilty and facing a capital murder conviction, Kahler appealed to the Kansas Supreme…