Double jeopardy clause bars Georgia from retrying man acquitted by reason of insanity

Double jeopardy clause bars Georgia from retrying man acquitted by reason of insanity

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So what would you expect if a state supreme court wrote an opinion directly inconsistent with “perhaps the most fundamental rule” of the Supreme Court’s jurisprudence in the area, an opinion that would get a failing grade in any law school course on criminal law? Well, your first guess would be that the Supreme Court would unanimously reverse, and if you were bold you’d predict a short opinion assigned because of its triviality to the most junior justice. That … Read the rest

Affirmative action appears in jeopardy after marathon arguments

Affirmative action appears in jeopardy after marathon arguments

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In 2003, a divided Supreme Court ruled in Grutter v. Bollinger that the University of Michigan Law School could consider race in its admissions process as part of its efforts to assemble a diverse student body. In her opinion for the majority, now-retired Justice Sandra Day O’Connor suggested that, in 25 years, “the use of racial preferences will no longer be necessary to further the interest approved today.” But during nearly five hours of oral arguments on Monday, the … Read the rest