Trump v. Mazars and Trump v. Vance on Presidential Subpoenas

The Trump presidency has raised many constitutional questions, including the limit of the power to subpoena a sitting President. One case focuses on the power of local prosecutors to compel the production of the President’s tax records. Another case deals

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2020 MAJOR DECISIONS AND DEVELOPMENTS OF THE U.S. SUPREME COURT

Edited by MORGAN MARIETTA

SCOTUS 2020

Morgan Marietta Editor

SCOTUS 2020 Major Decisions and Developments of the U.S. Supreme Court

Editor Morgan Marietta Department of Political Science University of Massachusetts Lowell Lowell, MA, USA

ISBN 978-3-030-53850-7 ISBN 978-3-030-53851-4 https://doi.org/10.1007/978-3-030-53851-4

(eBook)

© The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2021 This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, expressed or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Cover design by Oscar Spigolon and eStudio Calamar This Palgrave Macmillan imprint is published by the registered company Springer Nature Switzerland AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland

Contents

1

2

Introduction: The 2019–2020 Term at the Supreme Court Morgan Marietta

1

Bostock v. Clayton County on LGBT Employment Discrimination Julie Novkov

25

3

Chiafalo v. Washington on Faithless Electors Justin Dyer and Erin Hawley

4

Department of Homeland Security v. University of California on DACA John C. Eastman

47

Espinoza, Lady of Guadalupe, and Little Sisters of the Poor on Religious Liberty Kevin Pybas

57

5

37

v

vi

6

7

Contents

Hernández v. Mesa on Rights and Restitution for Victims of Excessive Force at the Border Paul M. Collins Jr. and Rebecca Hamlin

69

June Medical Services v. Russo on State Regulation of Abortion Clinics Gerald N. Rosenberg

79

8

Kahler v. Kansas on the Insanity Defense Julia Bess Frank and Mark A. Graber

9

Kelly v. US on Public Fraud and the Bridgegate Controversy Jennifer Bowie

10

McGirt v. Oklahoma on Native Rights Carol Nackenoff and Natasha Markov-Riss

11

New York State Rifle & Pistol v. City of New York on Gun Regulation Austin Sarat

91

101 111

121

12

Ramos v. Louisiana on