What’s at Stake in Espinoza v. Montana Department of Revenue? What the Equal Protection Clause Means in the Context of Classifications Based on Religiosity

VIKRAM DAVID AMAR, ALAN E. BROWNSTEIN

Illinois Law dean Vikram David Amar and UC Davis emeritus professor Alan E. Brownstein comment on a case before the U.S. Supreme Court that raises the question whether a religiously neutral student-aid program in Montana that affords students the choice of attending religious schools violates the religion clauses or the Equal Protection Clause of the U.S. Constitution. Amar and Brownstein express no opinion as to whether the courts’ often-expressed concerns about striking down invidiously motivated laws can be effectively overcome, but they contend that jurists who reject invalidating invidiously motivated laws must explain why reasons sufficient in other contexts are not persuasive in this case.

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Leonard v. Deville

Docket: 18-30374

Opinion Date: May 15, 2020

Judge: Stuart Kyle Duncan

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Fifth Circuit treated the petition for en banc rehearing as a petition for panel rehearing, granted the rehearing, withdrew its prior opinion, and substituted the following opinion. Petitioner appealed the district court's dismissal of his 28 U.S.C. 2254 petition as time-barred. Petitioner was then granted a certificate of appealability (COA) to consider whether he was entitled to statutory tolling. The court held that when a state prisoner is implicitly granted extra time to seek supervisory writs from the denial of his state post-conviction application—and he does so within that time—his initial application therefore remains "pending" under the tolling provision in section 2244(d)(2). The court explained that its holding was supported by circuit precedent and the Supreme Court's teaching that a state post-conviction application remains pending for statutory tolling purposes as long as the ordinary state collateral review process is in continuance. In this case, petitioner was entitled to statutory tolling and his petition was therefore not time-barred.

United States v. Emordi

Docket: 19-10400

Opinion Date: May 15, 2020

Judge: Leslie H. Southwick

Areas of Law: Criminal Law, White Collar Crime

Defendants were convicted of conspiracy to engage in Medicare and Medicaid fraud in their operation of a home healthcare business, continuing over a period of three years and causing over $3.5 million in losses. The Fifth Circuit affirmed Defendants Emordi and Isidaehomen's conviction, holding that the evidence was sufficient for the jury to find that defendants knew of and voluntarily joined the conspiracy. The court also affirmed the district court's imposition of a two-level enhancement to Defendant Okwilagwe's sentence for an offense involving 10 or more victims; affirmed an enhancement under USSG 2B1.1(b)(1)(J) for an intended loss between $3.5 million and $9.5 million; and affirmed the restitution amount. Finally, the court affirmed Defendant Etti's sentence, holding that the district court did not plainly err by imposing the below-Guidelines sentence that was substantively reasonable.