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Orange Coast College Curtis Flowers vs Mississippi Case Brief

Orange Coast College Curtis Flowers vs Mississippi Case Brief

Question Description

I am providing below Supreme Court cases that were decided during a recently ended court term and a couple from other terms. As to each I will help you by providing the issue I want you to focus on. That means, while most cases will have some side issues, I want you focused on the issue that prompts the case’s importance. For the case you select, respond to the points in the form (Facts, Issue, Ruling, Rationale) and then as to each there will be a suggested dissent to review. In other words, “brief” the main, majority opinion and then summarize the dissent and answer the question: “Considering the main opinion and the dissent, which do you find most persuasive and why?”

The cases to select from and the issue on each:

Flowers v. Mississippi, 588 U.S. — (2019)(Docket 17-9527) (7-2 Decision):

Issue: Did the state court’s allowance of peremptory challenge against a prospective, black juror violate constitutional equal protection?

After the majority opinion consider the dissent by Justice Thomas.

Which opinion/argument do you find more persuasive? Why?

Herrerra v. Wyoming, 587 U.S. — (2019)(Docket 17-532)(5-4 Decision):

Issue: Did conviction of Crow Indian for hunting in Bighorn National Forest violate the Crow Tribe of Indians’ 1868 treaty with the U.S.?

Consider also the dissent by Justice Alito.

Which opinion/argument do you find more persuasive? Why?

Gamble v. United States, 587 U.S. — (2019)(Docket 17-646) (7-2 Decision):

Issue: Where a criminal defendant has been convicted in state court, does a subsequent prosecution for the same offense by the federal government violate the prohibition of “double jeopardy” as found in the Constitution?

After briefing the majority opinion of Justice Alito, consider the dissent of either Justice Ginsburg or Justice Gorsuch.

Which opinion/argument do you find more persuasive? Why?

American Legion, et al. v. American Humanist Association, 588 U.S. — (2019) (Docket 17-1717)(7-2 Decision)

Issue: Does the display and maintenance of a cross (or just of this particular cross?) on public land violate the constitutional “establishment of religion” clause?

Justice Alito wrote the majority opinion and there were numerous concurring opinions. Just stay with the majority opinion of J. Alito for the initial brief. Then read and consider the dissent of J. Ginsburg.

Which opinion/argument do you find more persuasive? Why?

Rucho v. Common Cause, 588 U.S. — (2019)(5-4 Decision)

Issue: Where it is alleged that a state has drawn election district maps in a way to give political advantage to one, particular party, can the courts intervene to provide relief to voters whose power has been diluted or diminished by the redistricting?

C.J. Roberts wrote the majority opinion. The dissenting opinion was written by J. Kagan.

Which opinion do you find more persuasive and why?

County of Maui, Hawaii v. Hawaii Wildlife Fund, et al., 590 U.S. — (2020) (Links to an external site.) (Links to an external site.)

Issue: Under the Clean Water Act, are pollution discharges “from” a point into ground water which then migrate into the ocean subject to the EPA permitting requirements of the act?

After determining what the majority opinion ruled, read either the Justice Thomas or the Justice Alito dissent. Do you find the dissent or the majority more persuasive… why?

From 2000:

Bush v. Gore, 531 U.S. 98 (2000) (Links to an external site.)

In the 2000 election between Republican candidate George W. Bush and Democrat candidate Al Gore, Florida reported that Bush had won the state by 1,784 votes. (All of the state’s electors are assigned to the winning candidate.) …..

The State supreme court allowed a recount to proceed and the Bush campaign sought and obtained a hearing at the Supreme Court.

Issue: 1. Does the Supreme Court have the poser (jurisdiction) to halt an election being conducted in Florida?; and,
2. Is the a legal/constitutional issue with the way Florida was conducting its recount of votes?

Consider the Per Curiam (majority) opinion and also consider the dissenting opinion of Justice Stevens. From that, give a brief summary of the case and decide which opinion(s) you find most persuasive. Why do you favor the opinion you selected? Do you think the Supreme Court involving itself violates the federal system of government?

From the 1904 Term:

Jacobson v. Massachusetts , 197 U.S. 11 (1905)

Issue: Can a state under its inherent police powers constitutionally subject a person to criminal liability if he refuses inoculation to protect against an infectious disease?

After answering the issue statement with the rationale expressed in the majority opinion, consider the dissent by Justices Brewer and Peckam. Do you find the majority or the dissent more persuasive and explain why.

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