Question
I provide below citations to several court cases. As to each, I will help you by providing the issue on which I want you to
I provide below citations to several court cases. As to each, I will help you by providing the issue on which I want you to focus. While most cases will have side issues, I want you to focus on the issue that prompts the case's importance. For the case you select, respond to the points in the brief format form (Facts, Issue, Ruling, Rationale). There will be a dissent in each case. Read the dissent as well as the main opinion. Summarize the dissent (a few sentences should be sufficient). When you have considered both (the main opinion and dissent) answer the questions: (1) Which of the opinions did you find most persuasive?; and (2) Why?
The cases to select from and the issue on each:
Herrerra v. Wyoming, 587 U.S. --- (2019)(Docket 17-532)(5-4 Decision) https://www.supremecourt.gov/opinions/18pdf/17-646_d18e.pdf
Issue: Did the conviction of Crow Indian for hunting in Bighorn National Forest violate the Crow Tribe 1868 treaty with the U.S.?
Consider the dissent by Justice Alito.
Which opinion/argument do you find more persuasive? Why?
Gamble v. United States, 587 U.S. -- (2019)(Docket 17-646) (7-2 Decision) https://www.supremecourt.gov/opinions/18pdf/17-646_d18e.pdf
Issue: Where a criminal defendant has been convicted in state court does a subsequent prosecution for the same offense by the federal government violate the constitutional prohibition of "double jeopardy"?
After briefing the majority opinion of Justice Alito, consider the dissent of either Justice Ginsburg or Justice Gorsuch.
Which opinion/argument do you find more persuasive? Why?
American Legion, et al. v. American Humanist Association, 588 U.S. -- (2019) (Docket 17-1717)(7-2 Decision) - Link: https://www.supremecourt.gov/opinions/18pdf/17-1717_4f14.pdf
Issue: Does the display and maintenance of a cross (or just of this cross?) on public land violate the constitutional "establishment of religion" clause?
Justice Alito wrote the majority opinion and there were numerous concurring opinions. Just stay with the majority opinion of J. Alito for the initial brief. Then read and consider the dissent of J. Ginsburg.
Which opinion/argument do you find more persuasive? Why?
Ramirez v. Collier, 595 U.S. -- (2022) https://supreme.justia.com/cases/federal/us/595/21-5592/#tab-opinion-4556161
Issue: Under the Free Exercise Clause of the Constitution, must the state allow a convicted inmate to have a minister present during his execution, and may the minister engage in religious steps?
Chief Justice John Roberts wrote the court's opinion. Justice Clarence Thomas wrote a dissent.
Which opinion/argument do you find more persuasive? Why
Ellison v. Brady, 924 F.2d 872 (9th Cir. 1991) https://casetext.com/case/ellison-v-brady
Issue: When a woman complains of sexual harassment/hostile workplace, what criteria should a court use to evaluate the contention? Read the main opinion by Judge Beezer and the opinion by Judge Stephens.
Which opinion do you find most persuasive? Why?
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