On April 22, 1957, government attorney Roger Fisher appeared before the Supreme Court in defense of the federal obscenity statute, which criminalizes the distribution of obscene materials through the mails. Although the power of the federal and state governments to regulate obscenity had been assumed for nearly 170 years, Second Circuit Judge Jerome Frank’s concurrence in United States v. Roth had critically appraised the precarious historical, jurisprudential, and sociological foundation on which this presumption rested. Judge Frank concluded that although he was bound to uphold Samuel Roth’s conviction as a member of an inferior court, the Supreme Court’s “clear and present danger” precedent strongly implied the unconstitutionality of the federal obscenity statute.
Voting rights advocates should explore section 11(b) of the Voting Rights Act as a vehicle to combat voter intimidation.
This article argues Allyene signals a shift in the availability of constitutional challenges in cases where sentencing factors are particularly important.
DOJ guidance for mentally impaired detainees in immigration removal proceedings should be amended to provide counsel at earlier signs of incompetence.
Scholars discuss the most significant immigration-related cases before the U.S. Supreme Court, their ramifications, and what to expect in 2020.