An appeal by any other name: Congress's empty victory over habeas rights

Article Abstract:

The US Supreme Court's ruling in Felker v. Turpin finding that it can hear death penalty habeas petitions as original matters circumvented the restrictions Congress placed on the Court under the Antiterrorism and Effective Death Penalty Act. Prior to 1996, the last time Congress used the Exceptions Clause to enacted legislation limiting the Court's jurisdiction was 1867. Congressional action restricting the Court's jurisdiction dangerously undermines the Court's political neutrality, but the Court succeeded in narrowing the law's practical implications.

Judicial review, Jurisdiction, Habeas corpus

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Tying the hands of Congress

Article Abstract:

The US Supreme Court in 1997's City of Boerne v. Flores started a likely trend of not deferring to Congress's decisions to protect its conception of fundamental rights of individuals under the 14th Amendment. The Court refused to allow Congress to bypass the Court's 1990 restrictive decision in Employment Division v. Smith with the Religious Freedom Restoration Act of 1993. The Court's decision that the Act is an unconstitutional exercise of Congress's Section 5, 14th Amendment power will most affect new categories of persons subject to discrimination.

Legislative power

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Not in my apartment! When landlords mix business and religion

Article Abstract:

State courts have split in cases where landlords have been sued for refusing to rent apartments to unmarried couples because doing so would violate their religious beliefs. California decided in a landlord's favor, but Alaska ruled against the landlord, stating the landlord's actions violated the state's fair housing law. Some attorneys believe ruling in the landlords' favor twists the meaning of the First Amendment, which was intented to prevent government and others from forcing their religious beliefs on others.

Religious aspects, Unmarried couples, Housing discrimination

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