How Allen v. Cooper Breaks Important New (if Dubious) Ground on Stare Decisis

VIKRAM DAVID AMAR

Illinois Law dean and professor Vikram David Amar comments on language in a recent U.S. Supreme Court decision, Allen v. Cooperdiscussing constitutional stare decisis in the context of state sovereign immunity. Amar points out some of the problems with the Court’s jurisprudence on state sovereign immunity and Congress’s Section 5 power, and he questions the Allen majority’s embrace of a “special justification” requirement for constitutional stare decisis.

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People v. Maya

Docket: S255371

Opinion Date: April 9, 2020

Judge: Tani Cantil-Sakauye

Areas of Law: Criminal Law

The Supreme Court reversed the decision of the court of appeal affirming the judgment of the trial court denying Appellant's request for expungement of his misdemeanor conviction under Cal. Penal Code 1203.4a, subd. (a), holding that a person may live "an honest and upright life" even if that person has been in custody since completing the sentence imposed for the misdemeanor. Defendant completed his term of imprisonment for his misdemeanor conviction in 2012 and had been in federal immigration custody up until he brought his action. While in immigration custody, Defendant sought expungement of the conviction under section 1203.4a(a), alleging that he had obeyed all laws since being convicted and had participated in fire camp and Alcoholics Anonymous. The trial court denied the request, concluding that custodial time did not qualify as honest and upright living for expungement purposes. The court of appeals affirmed. The Supreme Court reversed and remanded the case, holding that conduct while in custody is relevant to determining whether a defendant has satisfied the honest and upright life requirement of section 1203.4a.