Latest Case: Idaho v. Doe (Constitutional Law)

The Coronavirus and the Election: Trump’s Fateful Decisions Are Shocking and Disqualifying

NEIL H. BUCHANAN

UF Levin College of Law professor and economist Neil H. Buchanan explains why President Trump’s inept handling of the COVID-19 pandemic should disqualify him from even running for reelection, let alone returning to office. Buchanan argues that it is shocking that we cannot predict the outcome of the 2020 election in light of Trump’s failure to address the biggest health crisis in a century and his consistent efforts to undermine the public response every step of the way.

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Election Day 2020: A Good Day to End the GOP’s War on Women

JOANNA L. GROSSMAN

SMU Dedman School of Law professor Joanna L. Grossman describes the myriad ways the Trump administration has harmed the interests of women and expresses hope that the outcome of the 2020 Presidential Election will mark the end of the GOP’s war on women. Grossman notes that if Biden and the Democrats win the White House and Congress, they will have not only the opportunity but the obligation to restore what the modern GOP has destroyed.

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States of Anxiety: Will Federalism Save Democracy in America?

DEAN FALVY

Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, explains why federalism—the autonomy of the states in our country—has been a significant barrier to many of the authoritarian projects Trump has advanced or considered. Falvy argues that the same autonomy should prevent Trump from manipulating the election results decisively in his own favor.

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Idaho v. Doe

Docket: 47158

Opinion Date: November 2, 2020

Judge: Brody

Areas of Law: Constitutional Law, Criminal Law, Juvenile Law

John Doe was a minor at the time the State alleged he committed two counts of lewd and lascivious conduct against a minor under the age of sixteen. Doe maintained his innocence, but argued that even if he did commit the acts alleged, the petition was time-barred under the four-year, catch-all limitation for civil actions found in Idaho Code section 5-224. The magistrate court (“juvenile court”) denied Doe's motion to dismiss the petition as untimely, and thereafter granted the State’s motion to waive Doe into adult proceedings. On intermediate appeal, the district court affirmed the decision of the juvenile court. The issue presented for the Idaho Supreme Court's review was whether proceedings under the Juvenile Corrections Act ("JCA") were "civil actions" subject to a civil statute of limitations. The Court concluded they were not, and affirmed the juvenile court, finding at JCA petition was not subject to the limitation in Idaho Code 5-224.