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.

Read More

United States v. Caniff

Docket: 17-12410

Opinion Date: April 9, 2020

Judge: Per Curiam

Areas of Law: Criminal Law

Upon reconsideration, the Eleventh Circuit sua sponte vacated its prior opinion and substituted the following opinion. The court held that defendant's private, person-to-person text messages asking an individual he thought was a minor to send him sexually explicit pictures of herself cannot support a conviction for making a "notice" to receive child pornography in violation of 18 U.S.C. 2251(d)(1). The court also held that there was sufficient evidence for a jury to find that defendant believed the victim was thirteen years old, and the district court did not abuse its discretion in permitting the detective's challenged testimony. Therefore, the court reversed defendant's conviction under section 2251(d)(1) and affirmed his convictions under sections 2422(b) and 2251(a).