Abortion, Justice Kennedy, and Judge Kavanaugh (open access)

Abortion, Justice Kennedy, and Judge Kavanaugh

This report addresses the questions that have arisen about the future of the Supreme Court's abortion jurisprudence, after the recent retirement of Justice Kennedy, the last remaining justice from the Casey plurality. The report first reviews the undue burden standard set from the Casey decision and discusses Justice Kennedy's views on the standard in the case law that has developed since Casey. Then, in light of President Trump's July 9, 2018 nomination of Judge Brett Kavanaugh to replace Justice Kennedy, it examines Judge Kavanaugh's only substantive abortion opinion: a dissent in the 2017 case from the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit), Garza v. Hargan. Finally, as lower courts continue to apply the undue burden standard to new abortion regulations, the report concludes by noting some of the abortion cases that the Supreme Court could possibly review in the near future.
Date: August 8, 2018
Creator: Shimabukuro, Jon O.
System: The UNT Digital Library
Advising the President: Rules Governing Access and Accountability of Presidential Advisors (open access)

Advising the President: Rules Governing Access and Accountability of Presidential Advisors

This Sidebar examines three categories of Presidential advisors and the related ethics requirements and limitations that apply to their respective roles: employees who serve full-time, regular appointments; outside advisors who are formally appointed to temporary roles; and informal, personal advisors with whom the President consults.
Date: August 6, 2018
Creator: Brown, Cynthia
System: The UNT Digital Library
Calling Balls and Strikes: Ethics and Supreme Court Justices (open access)

Calling Balls and Strikes: Ethics and Supreme Court Justices

This report examines questions related to the integrity and independence of the Supreme Court, and Congress's potential role in regulating the ethics of the Supreme Court Justices. For example: What mechanisms ensure the integrity of Justices as federal officials? Are Justices subject to any rules of ethical conduct? How might such ethics rules be enforced?
Date: August 20, 2018
Creator: Brown, Cynthia
System: The UNT Digital Library
Can the President Pardon Contempt of Court? Probably Yes. (open access)

Can the President Pardon Contempt of Court? Probably Yes.

This report provides a brief background of contempt of court, explores the various arguments regarding whether a pardon can relieve an individual of criminal liability for contempt, and discusses potential congressional responses to the perceived abuse of the pardon power.
Date: August 10, 2018
Creator: Thompson, Richard M., II
System: The UNT Digital Library
IRS Will No Longer Require Disclosure of Certain Nonprofit Donor Information (open access)

IRS Will No Longer Require Disclosure of Certain Nonprofit Donor Information

This report will first provide background on the statute and regulations regarding tax-exempt organizations' (EOs') disclosure of contributor information. Next, the report will discuss the justifications of and reactions to the new policy, including the views of proponents and opponents of the new policy. The report will then discuss the litigation Montana has filed against the policy. Finally, the report will provide considerations for Congress.
Date: August 14, 2018
Creator: Carpenter, David H.
System: The UNT Digital Library
Judicial Fact-Finding and Criminal Sentencing: Current Practice and Potential Change (open access)

Judicial Fact-Finding and Criminal Sentencing: Current Practice and Potential Change

This report provides an overview of criminal sentencing law by briefly describing the use of relevant conduct under the Guidelines and tracing the Supreme Court case law that has informed the practice, before addressing judicial commentary and recently proposed legislation regarding the use of acquitted or uncharged conduct at sentencing.
Date: August 24, 2018
Creator: Foster, Michael A.
System: The UNT Digital Library
Oops: When Does a Plain Error in Calculating a Defendant's Sentencing Guidelines Range Warrant Resentencing? (open access)

Oops: When Does a Plain Error in Calculating a Defendant's Sentencing Guidelines Range Warrant Resentencing?

This report discusses the Supreme Court opinion that an appellate court should exercise its discretion to correct an unpreserved error "if the error seriously affects the fairness, integrity or public reputation of judicial proceedings."
Date: August 8, 2018
Creator: Peck, Sarah Herman
System: The UNT Digital Library
Supreme Court Nomination: CRS Products (open access)

Supreme Court Nomination: CRS Products

This document provides a list of all the Congressional Research Service reports describing the judicial decisions of Justice Kennedy and Judge Kavanaugh, as well as Supreme Court vacancies and nominations.
Date: August 24, 2018
Creator: Nolan, Andrew
System: The UNT Digital Library
When Does Double Prosecution Count as Double Jeopardy? (open access)

When Does Double Prosecution Count as Double Jeopardy?

This report discusses the Fifth Amendment's Double Jeopardy Clause; although the Clause provides that no person shall "be subject for the same offense to be twice put in jeopardy of life or limb," the Supreme Court has made clear that that protection has its limits.
Date: August 16, 2018
Creator: Hsin, JD S.
System: The UNT Digital Library