To Our Elected Representatives in Congress: The Framers Wouldn’t Be Surprised a President Attempted a Coup, Just Disappointed You Didn’t Stop It Sooner

MARCI A. HAMILTON

Marci A. Hamilton, a professor at the University of Pennsylvania and one of the country’s leading church-state scholars, pens an open letter to members of Congress, describing Wednesday’s insurrection by pro-Trump extremists as predicable (even predicted) to the Framers and calling upon Congress to impeach and convict the President. Professor Hamilton argues that Donald Trump is the embodiment of what the Framers expected from rulers: self-centered corruption, greed, and no care for the common good.

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Taylor-Travis v. Jackson State University

Docket: 17-60856

Opinion Date: January 6, 2021

Judge: Priscilla Richman Owen

Areas of Law: Civil Rights, Constitutional Law, Contracts, Education Law

After the University terminated her employment as the head coach of the women's basketball team, plaintiff filed suit alleging violations of Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972, as well as state-law claims for breach of contract, breach of the implied covenant of good faith and fair dealing, and invasion of privacy. The Fifth Circuit affirmed the district court's judgment as to the breach of contract and Title IX claims. The court concluded that judgment in favor of plaintiff on the breach of contract claim was proper where a reasonable jury could have concluded that plaintiff's management of funds did not give the University cause to terminate her employment. Furthermore, the University was not entitled to a new trial on plaintiff's breach of contract claim. In this case, the district court did not abuse its discretion in refusing to provide the requested jury instruction and any error on the district court's part was harmless. In regard to the Title IX claim, the court concluded that denial of plaintiff's jury instruction was not an abuse of discretion or grounds for a new trial. However, the court reversed the district court's judgment as to the privacy claim and concluded that it failed as a matter of law. The court explained that the facts disclosed by the University were of legitimate concern to the public and the district court clearly erred in concluding otherwise.

United States v. Tanner

Docket: 19-30833

Opinion Date: January 6, 2021

Judge: Jerry E. Smith

Areas of Law: Criminal Law

The Fifth Circuit affirmed the written amount of restitution imposed after defendant pleaded guilty to one count of financial aid fraud. Defendant asserts that, at sentencing, the district court orally pronounced restitution of $63,221, but the written judgment mandates $106,744. The court concluded that, although the oral pronouncement was ambiguous, it does not conflict with the written judgment. In this case, the district court stated several times that the "correct" or "net" amount owed in restitution was $106,744—the amount it imposed in its written judgment. The court acknowledged that the district court could have been clearer, but that the record confirms that the district court intended to order restitution in the amount of the written judgment.

Ovalles v. Rosen

Docket: 17-60438

Opinion Date: January 6, 2021

Judge: Edith Hollan Jones

Areas of Law: Immigration Law

On remand from the Supreme Court, the Fifth Circuit denied the petition for review challenging the BIA's denial of equitable tolling to petitioner's motion to reopen in light of Lugo-Resendez v. Lynch, 831 F.3d 337 (5th Cir. 2016). A panel of this court dismissed the petition for lack of jurisdiction, but the Supreme Court reversed and remanded. The Board had concluded that petitioner did not demonstrate due diligence because he waited approximately eight months after the Fifth Circuit decided Lugo-Resendez to file his current motion. Now considering the merits, the Fifth Circuit explained that the Board's conclusion applies with even grater force in light of the conclusion in Londono-Gonzalez v. Barr, 978 F.3d 965, 968 (5th Cir. 2020), that Lugo-Resendez did not constitute an extraordinary circumstance that stood in the way of aliens seeking equitable tolling. Furthermore, petitioner presented no viable alternative from which he can show compliance with the 90-day filing deadline even with the benefit of equitable tolling.