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Supreme Court To Rule On Police Shooting Case: Excessive Force And Qualified Immunity, Natalie Lakosil
Supreme Court To Rule On Police Shooting Case: Excessive Force And Qualified Immunity, Natalie Lakosil
GGU Law Review Blog
Currently, a circuit split exists regarding the Ninth Circuit’s Provocation Rule. The deputies argue that Graham applies and that officers need to be free to make split‑second choices to respond to threats of force without stopping to replay their prior actions and evaluate whether someone might later accuse them of provoking the situation. Although this is true, some argue that officers should also be required to follow the Constitution in the first place and held liable if they cause the force to be used. The holding in Scott supports this type of analysis. While Graham allows for qualified immunity by …
Abortion Rights: “Ash Heap Of History” Or Surviving The Smoke?, Alicyn B. Whitley
Abortion Rights: “Ash Heap Of History” Or Surviving The Smoke?, Alicyn B. Whitley
GGU Law Review Blog
The possibility of further restrictions of abortion rights smolder on the horizon, but currently remain at bay. After Whole Woman’s Health, a Trump appointed nominee will likely swing the Court toward a 5‑4 majority in favor of upholding current abortion law. Justices Breyer, Kennedy, Ginsburg, Sotomayor, and Kagan voted to reaffirm Casey’s “undue burden” standard safeguarding a woman’s fundamental right to an abortion. Thomas, Alito, and Roberts were the three Justices to dissent to the opinion. If all the current justices were to remain on the bench until after the next president is elected, the potential threat to abortion rights …