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Justia Daily Opinion Summaries

US Court of Appeals for the Fifth Circuit
February 24, 2021

Table of Contents

Harness v. Hosemann

Civil Rights, Constitutional Law, Election Law

United States v. DeJean

Criminal Law

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Legal Analysis and Commentary

What Accounts for the Increase in Law School Applications This Year?

VIKRAM DAVID AMAR

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Illinois Law dean Vikram David Amar comments on the apparent increase in the number of law school applications this year and offers some thoughts as to the reasons behind the trend. Dean Amar suggests that increased job opportunities and heightened social awareness might be behind the higher numbers of applications.

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US Court of Appeals for the Fifth Circuit Opinions

Harness v. Hosemann

Docket: 19-60632

Opinion Date: February 23, 2021

Judge: Jerry Edwin Smith

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

Plaintiffs, black citizens of Misssissippi who have lost their right to vote in Mississippi because they were convicted of crimes enumerated in section 241 of the Mississippi Constitution, filed suit alleging that section 241 violates the Fourteenth Amendment because it was enacted with a discriminatory purpose. After determining that plaintiffs have Article III standing and that the suit is not barred by sovereign immunity, the Fifth Circuit agreed with the district court that per Cotton v. Fordice, 157 F.3d 388 (5th Cir. 1998), the discriminatory taint of the 1890 provision was removed by the amendment processes in 1950 and 1968. Furthermore, under the rule of orderliness, the court was bound by that decision. Accordingly, the court affirmed the district court's grant of summary judgment for the Secretary of State.

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United States v. DeJean

Docket: 19-30865

Opinion Date: February 23, 2021

Judge: Stuart Kyle Duncan

Areas of Law: Criminal Law

The Fifth Circuit affirmed defendant's conviction of mail fraud and making false statements to a bank. In this case, defendant, as justice of the peace, exploited his position to steal thousands of dollars in public funds, which he used for casino gambling. The court rejected defendant's challenge to the district court's decision to seat a juror who, defendant claims, was biased against gamblers. Rather, the court deferred to the district court's broad discretion in assessing the juror's impartiality. In this case, the juror's negative views about gambling implicate nothing like the kind of structural bias against all criminal defendants. Furthermore, the district court affirmatively found the juror's views on gambling (unlike other jurors who were dismissed for cause on that ground) would not prevent her from being impartial.

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