Latest 2 Cases: United States v. Fowler (Criminal Law), Canales-Rivera v. Barr (Immigration Law)

The Law Will Not Save Us

JOSEPH MARGULIES

Cornell law professor Joseph Margulies reminds us that the rule of law exists in the United States primarily to conceal politics; that is, one cannot rely on having “the law” on one’s side if politics are opposed. Margulies illustrates this point by replacing “the lawyers reviewed the law and decided” with “the high priests studied the entrails and decided”—a substitution that ultimately yields the same results.

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United States v. Fowler

Docket: 18-4755

Opinion Date: January 27, 2020

Judge: James Harvie Wilkinson, III

Areas of Law: Criminal Law

The Fourth Circuit affirmed defendant's sentence of 40 years imprisonment for his sexual abuse of two young girls. The court rejected defendant's claim that the district court erred regarding good-time credits, and held that the district court's mention of good-time credits was tied to 18 U.S.C. 3553(a) factors, such as the need to protect the public, that he was required to consider during sentencing. The court also held that the district court carefully weighed many relevant factors and the sentence was substantively reasonable.

Canales-Rivera v. Barr

Docket: 18-1610

Opinion Date: January 27, 2020

Judge: Quattlebaum

Areas of Law: Immigration Law

The Fourth Circuit denied a petition for review of the BIA's dismissal of petitioner's appeal of the IJ's denial of his application for asylum. The court held that the BIA's ruling, that petitioner's proposed social group -- merchants in the formal Honduran economy -- did not constitute a particular social group under the Immigration and Nationality Act, was not manifestly contrary to the law nor an abuse of discretion.