Constitutional Problems With the Kentucky Proposal (Supported by Mitch McConnell) to Change the Way U.S. Senate Vacancies Are Filled

VIKRAM DAVID AMAR

In this second of a series of columns, Illinois Law dean and professor Vikram David Amar comments on the Kentucky proposal to change the way U.S. Senate vacancies are filled. Dean Amar argues that the Seventeenth Amendment precludes such a proposal, which would allow the state legislature to substantively constrain the governor’s choices in making a temporary appointment.

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Ford Motor Co. v. Montana Eighth Judicial District Court

Docket: 19-368

Opinion Date: March 25, 2021

Judge: Elena Kagan

Areas of Law: Business Law, Civil Procedure

Ford, incorporated in Delaware and headquartered in Michigan, markets, sells, and services its products across the U.S. and overseas and encourages a resale market for its vehicles. Montana and Minnesota courts exercised jurisdiction over Ford in products-liability suits stemming from car accidents that injured state residents. The vehicles were designed and manufactured elsewhere, and originally were sold outside the forum states. The Supreme Court affirmed the rejection of Ford's jurisdictional arguments. The connection between the claims and Ford’s activities in the forum states is close enough to support specific jurisdiction. A state court may exercise general jurisdiction only when a defendant is “essentially at home” in the state. Specific jurisdiction covers defendants less intimately connected with a state if there was “some act by which [defendant] purposefully avails itself of the privilege of conducting activities within the forum State” and the claims “must arise out of or relate to the defendant’s contacts” with the forum. Ford purposefully availed itself of the privilege of conducting activities in both states. There is no requirement of a causal link locating jurisdiction only in the state where Ford sold the car in question or the states where Ford designed and manufactured the vehicle. Specific jurisdiction attaches in cases in which a company cultivates a market for a product in the forum state and the product malfunctions there. Ford advertises and markets its vehicles in Montana and Minnesota and fosters ongoing connections to Ford owners. Because Ford systematically served a market in Montana and Minnesota for the very vehicles that the plaintiffs allege malfunctioned and injured them in those states, there is a strong “relationship among the defendant, the forum, and the litigation.”

Torres v. Madrid

Docket: 19-292

Opinion Date: March 25, 2021

Judge: John G. Roberts, Jr.

Areas of Law: Civil Rights, Constitutional Law

New Mexico State Police officers arrived at an apartment complex to execute an arrest warrant and approached Torres, then standing near a car, and attempted to speak with her as she got into the driver’s seat. Believing the officers to be carjackers, Torres hit the gas to escape. The officers fired their service pistols 13 times to stop Torres, striking her twice. Torres escaped and drove to a hospital 75 miles away. Torres was airlifted back to an Albuquerque hospital, where she was arrested. Her suit for damages under 42 U.S.C. 1983 was rejected on summary judgment. The Tenth Circuit held that “a suspect’s continued flight after being shot by police negates a Fourth Amendment excessive-force claim.”. The Supreme Court vacated. The application of physical force to the body of a person with the intent to restrain is a seizure even if the person does not submit and is not subdued. The required corporal seizing or touching can be as readily accomplished by a bullet as by a finger. The focus of the Fourth Amendment is “the privacy and security of individuals,” not the particular form of governmental intrusion. A seizure requires the use of force with intent to restrain, as opposed to force applied by accident or for some other purpose. The inquiry is whether the challenged conduct objectively manifests an intent to restrain. The officers seized Torres by shooting her with the intent to restrain her movement. The Court did not address the reasonableness of the seizure, damages, or the officers’ entitlement to qualified immunity.