Breaking News

Thursday round-up


  • At the Associated Press, Mark Sherman reports that “Justice Anthony Kennedy is so far refusing to comment on speculation that he may soon retire after 29 years on the court”; Sherman notes that although there are “few outward signs that Kennedy is getting ready to retire,” an earlier-than-usual law-clerk reunion scheduled for June “first fueled speculation that Kennedy is considering retirement,” and “several former law clerks said they would not be surprised to see the justice retire in 2018,” if not this year.
  • In an op-ed in Forbes, Nick Sibilla weighs in on the court’s decision in Nelson v. Colorado, which held that a state cannot require a defendant whose conviction is invalidated to prove actual innocence before recovering fines and fees imposed as a consequence of the conviction, observing that the ruling “may set an important precedent to rein in another abusive civil proceeding: civil forfeiture.”
  • In The Atlantic, Matt Ford views Maslenjak v. United States, which asks whether a naturalized U.S. citizen can be stripped of her citizenship in a criminal proceeding based on an immaterial false statement, against the backdrop of recent Republican “proposals that would erode citizenship’s inseparability,” which “are largely quiescent for the moment” but “could still return to the national conversation, whether as part of Trump’s continued efforts to restrict immigration or in sudden response to the next terrorist attack,” noting that Maslenjak may give the justices “an opportunity to reaffirm citizenship’s standing in American civic life.”

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Recommended Citation: Edith Roberts, Thursday round-up, SCOTUSblog (May. 4, 2017, 7:24 AM),