Blaw case brief

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    Below, I provide below citations to several court cases.  As to each I will help you by providing the issue I want you to focus on. While most cases will have 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 there will be a 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:

Salinas v. Texas, 570 U.S. 178 (2013)(5 – 4 decision) : (Links to an external site.)

          Issue: Where person answers questions asked by police regarding a crime, but then suddenly stops answering and remains silent to a particular question, can the silence be introduced at trial to show guilt, or would such reference violate the 5th Amendment prohibition of being a witness against oneself?

          After reading the majority opinion by Justice Alito, consider the dissent by Justice Breyer.

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

            (If you find the topic and case interesting, you might take a moment to read Fletcher v. Weir, 455 U.S. 603(1982)

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 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) – Link: (Links to an external site.)

              Issue: Does the display and maintenance of a cross (or just of this 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?

Ramirez v. Collier, 595 U.S. — (2022) 

               Issue: Under the Free Exercise Clause of the Constitution, must the state allow a convicted inmate to have a minister present during his execution and may the minister engage in religious steps?

                Chief Justice John Roberts wrote the court’s opinion. Justice Clarence Thomas wrote a dissent.

                 Which opinion/argument do you find more persuasive? Why

United States v. Zubaydah, — U.S. — (2022), (Docket 20-827) 

                   Issue: Did the lower court err in rejecting the United States’ invocation of the “state secrets” doctrine.

                   Read the main opinion by Justice Breyer and the dissent written by Justice Gorsuch.

                    Which opinion do you find most persuasive? Why

Ellison v. Brady, 924 F.2d 872 (9th Cir. 1991)

                     Issue: When a woman complain of sexual harassment/hostile workplace, what criteria should a court use to evaluate the contention.
                     Read the main opinion by Judge Beezer and the opinion by Judge Stephens.

                     Which opinion do you find most persuasive? Why?

Dobbs v. Jackson Women’s Health Organization — U.S. — (2022) 

                    Here, the decision has not yet been released, although a draft was “leaked” and published.  Assuming the Court issues its ruling prior to the due date for this assignment, please read the main opinion and pick at least one dissenting opinion (I anticipate there were be several to choose from).

                    The issue to address is whether a woman has a constitutional right to an abortion or does the state have the power, under its police powers, to criminalize an abortion at any stage, thereby overruling Roe v. Wade.

                    Use the brief format and discuss which opinion you find most persuasive and explain why.

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