The “When” of Chevron: The Missed Opportunity of County of Maui

SAMUEL ESTREICHER, DANIEL FOLSOM

NYU law professor Samuel Estreicher and rising 3L Daniel Folsom comment on the U.S. Supreme Court’s recent decision in County of Maui v. Hawaii Wildlife Fund, in which the Court interpreted a provision of the Clean Water. Estreicher and Folsom argue that the case presented an opportunity to clarify the murky question of when the Chevron doctrine applies, yet the Court avoided answering that question.

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The Unnecessary Protection of Qualified Immunity

JOANNA C. SCHWARTZ, SETH STOUGHTON

UCLA law professor Joanna C. Schwartz and South Carolina law professor Seth W. Stoughton address some of the arguments commonly asserted to support qualified immunity, the doctrine that shields police officers from civil liability for constitutional violations. Schwartz and Stoughton argue that eliminating qualified immunity should not affect police decision-making and that existing Supreme Court doctrine gives police officers plenty of leeway to make mistakes without violating the Constitution. Because qualified immunity applies only to unreasonable actions by police officers, eliminating or substantially restricting it should not a chilling effect on police officers’ ability or willingness to respond to critical incidents.

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Commonwealth v. Francis

Docket: SJC-12683

Opinion Date: June 24, 2020

Judge: Kafker

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Judicial Court held that Defendant's right to choice of private counsel and right to be present during a critical stage of the proceedings under both the federal and state constitutions were violated during his criminal trial, requiring automatic reversal absent waiver, but that the delay of more than thirty years in bringing these claims under these circumstances waived the claims under state and federal constitutional law. In 1982, Defendant was convicted of murder in the first degree. In 2015, Defendant filed a second motion for a new trial asserting that the appointment of his court-appointed, State-funded counsel violated his rights under the Sixth Amendment and article 12 of the Massachusetts Declaration of Rights. The Supreme Judicial Court held (1) Defendant's right to choice of private counsel and right to be present during a critical stage of the proceedings under both the federal and state constitutions were violated, and these violations were structural errors; (2) the delay in bringing these claims combined with the fact that the transcript clearly depicting the constitutional violations was available for Defendant in 1991 and for the public defense counsel screening his claims in 1992-1993 and 2000 waived Defendant's claims; and (3) there was no substantial risk of a miscarriage of justice.