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…

The Prospect of Supreme Court Term Limits

By Bryce Wachtell (PO ’21) The widespread coverage of Brett Kavanaugh’s confirmation hearing has brought the Supreme Court nomination process to national spotlight once again. It appears that with every justice nominated to the highest court, scrutiny increases and polarization grows. From accusations as grave as Anita Hill’s testimony regarding now-justice Claremont Thomas, to those…

The Role of “We the People” in the Courtroom

By Daisy Ni (PO ’21) As the highest court of the land, the Supreme Court was created alongside our executive and legislative branches to keep their power in check. To do so, the Court’s role requires an immunity from political pressure. The appointment process and life-long tenures of judges, for example, remove the pressures of…