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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United States v. Cruz-Ramos

Docket: 18-1569

Opinion Date: January 27, 2021

Judge: Ojetta Rogeriee Thompson

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

The First Circuit affirmed the judgment of the district court convicting Defendant of committing, or aiding and abetting others in committing, the crimes of RICO conspiracy, drug conspiracy, and other crimes, holding that Defendant was not entitled to relief on his allegations of error. After Defendant was originally convicted the First Circuit vacated the convictions, concluding that the police lacked probable cause to search Defendant's house, and therefore, the seized evidence should have been suppressed. On remand, a jury again convicted Defendant of the relevant charges. Defendant appealed, claiming trial error and sentencing issues. The First Circuit affirmed, holding (1) Defendant's claims of trial error were without merit; (2) there was sufficient evidence to support the convictions; (3) the trial court did not err in instructing the jury; (4) there was no abuse of discretion in the denial of Defendant's motion for a new trial; and (5) Defendant's sentence was not procedurally unreasonable.

Hernandez v. Wilkinson

Docket: 19-1711

Opinion Date: January 27, 2021

Judge: Boudin

Areas of Law: Civil Rights

The First Circuit affirmed the order of the district court granting summary judgment to the government on all of Plaintiff's claims, holding that summary judgment was properly granted on Plaintiff's sex discrimination and retaliation claims. Plaintiff, an employee of the Drug Enforcement Agency, brought this action claiming that she had been discriminated against because of her national origin, disability, and sex and that she had been subjected to illegal retaliation. The district court granted summary judgment to the government on all claims. Plaintiff appealed, challenging the judgment as to her sex discrimination and retaliation claims. The First Circuit affirmed, holding that Plaintiff's sex discrimination and retaliation claims could not survive summary judgment.