Impeaching a Former President Is Plainly Constitutional

NEIL H. BUCHANAN

UF Levin College of Law professor and economist Neil H. Buchanan argues that the text of the Constitution makes clear that Congress has the power to impeach and convict Donald Trump, even though he is no longer President. Buchanan describes the unambiguous textual support for this conclusion, which Buchanan (and others) argue is also amply supported by the Constitution’s purpose, structure, and other interpretive approaches.

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State v. Glenn

Citation: 2021 ME 7

Opinion Date: January 28, 2021

Judge: Connors

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

The Supreme Judicial Court affirmed Defendant's conviction of possession of sexually explicit material, holding that the superior court did not err by denying Defendant's motion to suppress on the grounds that Defendant, despite his diagnosis of Autism Spectrum Disorder (ASD), was capable of voluntary consent. Defendant sought to suppress his statements to police regarding sexually explicit material depicting minors found on his electronic tablet and any evidence of sexually explicit materials depicting minors discovered as a result. The superior court denied Defendant's motion to suppress, concluding that Defendant had the capacity to and did voluntarily speak to the police and consent to the search of his tablet. The Supreme Judicial Court affirmed, holding that Defendant's ASD did not render his statements or the search of his tablet involuntary.

A.S. v. LincolnHealth

Citation: 2021 ME 6

Opinion Date: January 28, 2021

Judge: Ellen A. Gorman

Areas of Law: Health Law

The Supreme Judicial Court vacated the judgment of the superior court denying A.S.'s petition for a writ of habeas corpus seeking release from his detention, holding that the superior court erred when it determined that the detention was lawful. A.S. was brought by law enforcement officers to the LincolnHealth Miles Hospital Campus and was held in the hospital's emergency department for thirty days. During that time, LincolnHealth did not seek or obtain judicial endorsement of its detention of A.S., as required by Me. Rev. Stat. 34-B, 3863. A.S. sought habeas corpus relief, arguing that LincolnHealth violated the statutory procedure for emergency involuntary hospitalization. The superior court denied the petition. The Supreme Court vacated the superior court's judgment, holding (1) A.S.'s detention was unauthorized because the hospital did not comply with section 3863; and (2) A.S.'s due process rights were violated when the superior court applied a standard of preponderance of the evidence, rather than clear and convincing evidence, to determine whether A.S. posed a likelihood of serious harm at the time of the habeas hearing.