Latest 2 Cases: Schreiber v. Cuccinelli (Civil Procedure), United States v. Silva (Constitutional Law)

In (Trial) Courts (Especially) We Trust

VIKRAM DAVID AMAR, JASON MAZZONE

Illinois law dean Vikram David Amar and professor Jason Mazzone describe the increasing importance of courts and lawyers in safeguarding and reinforcing the role of factual truths in our democracy. Dean Amar and Professor Mazzone point out that lawyers and judges are steeped in factual investigation and factual determination, and they call upon legal educators (like themselves) to continue instilling in students the commitment to analytical reasoning based in factual evidence, and to absolutely reject the notion that factual truth is just in the mind of the beholder.

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The Rhetoric About a “Decline” in Religious Liberty Is Good News for Americans

MARCI A. HAMILTON

Marci A. Hamilton, a professor at the University of Pennsylvania and one of the country’s leading church-state scholars, explains why the rhetoric about a “decline” in religious liberty actually signals a decline in religious triumphalism, and is a good thing. Professor Hamilton describes how religious actors wield the Religious Freedom Restoration Act (RFRA) not as a shield, but as a sword to destroy the lives of fellow Americans.

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Schreiber v. Cuccinelli

Docket: 18-3215

Opinion Date: November 24, 2020

Judge: Jerome A. Holmes

Areas of Law: Civil Procedure, Government & Administrative Law, Immigration Law

The issue this case presented for the Tenth Circuit's review centered on whether a father's adopted child could qualify as his "legitimate" child for the purposes of section 1010(b)(1)(C) of the Immigration and Nationality Act when the child was not his biological child. Mr. Schreiber and his wife were U.S. citizens living in Kansas. In 2012, Mrs. Schreiber's niece moved from her native South Korea to Kansas to live with the Schriebers and attend high school. In 2014, the Schreibers adopted the niece under Kansas law with the consent of the child's parents. Kansas issued the child a new birth certificate listing the Schreibers as her parents. In 2015, Mr. Schreiber filed a petition to have his adopted child classified as his "child" for the purposes of the Act. The Board of Immigration Appeals determined legitimization only applied to a parent's biological children. The Tenth Circuit concluded the BIA correctly interpreted the Act's plain meaning, and thus, did not err in ruling that a parent's non-biological child could not be his "legitimized" child within the meaning of the Act. Furthermore, the Court concluded the district court properly declined to review Mr. Schreiber's "late-blooming" gender-discrimination challenge to the BIA's final agency action.

United States v. Silva

Docket: 19-1298

Opinion Date: November 24, 2020

Judge: Harris L. Hartz

Areas of Law: Constitutional Law, Criminal Law

Defendant Donovan Silva contended the district court erred in arriving at his sentence for possessing a firearm as a previously convicted felon under the Sentencing Guidelines by concluding a prior assault conviction was a crime of violence. He argued the assault conviction was too old to have independently received criminal-history points under USSG sections 4A1.1 and 4A1.2 n.3(a). To this, the Tenth Circuit agreed: the Guidelines did not permit a section 2K2.1(a)(4)(A) enhancement. The error met all four prongs of the plain-error analysis. Therefore, the Court reversed sentence and remanded for resentencing.