Amicus, Weekly News Roundup

This Week in Civil Rights and Civil Liberties: October 21, 2019

This week, a Texas judge removed protections for transgender people in health insurance markets, and a Florida judge granted a preliminary injunction against a law that placed an economic burden on those with felony records when registering to vote. Meanwhile, the nation mourned the loss of Representative Elijah Cummings, a celebrated civil rights leader and Chairman of the House Oversight and Reform Committee. 

Amicus, Courts & Judicial Interpretation, Criminal Justice

Will History Save the Insanity Defense?

On October 7th, the Supreme Court began its term with the oral argument for Kahler v. Kansas, a case which asks whether a state violates the Eighth and Fourteenth Amendments if it essentially abolishes the insanity defense. The test for due process is traditionally historical, so both Kahler and Kansas focused their briefs on the question of whether the insanity defense is so deeply rooted in history that its elimination would constitute a violation of due process. At oral argument, a few of the Justices probed the difficulties associated with evaluating historical claims.

Amicus, Courts & Judicial Interpretation, Criminal Justice, Freedom of Expression

The Right to Eat Halal Often Stops at the Prison Gate

Religious dietary constraints should not be viewed as an additional or optional financial inconvenience for state correctional departments, but must be understood as a necessary consequence of our country’s zealous insistence on mass incarceration. Departments of Correction should resist the urge to implement policies that they know will actively discourage adherents of minority faiths from free exercise. To do so is to fly in the face of our Founders’ recognition that religion is an intrinsic part of the human experience and essential to equality in a democratic society.

Scroll to Top