How Allen v. Cooper Breaks Important New (if Dubious) Ground on Stare Decisis

VIKRAM DAVID AMAR

Illinois Law dean and professor Vikram David Amar comments on language in a recent U.S. Supreme Court decision, Allen v. Cooperdiscussing constitutional stare decisis in the context of state sovereign immunity. Amar points out some of the problems with the Court’s jurisprudence on state sovereign immunity and Congress’s Section 5 power, and he questions the Allen majority’s embrace of a “special justification” requirement for constitutional stare decisis.

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United States v. Eller

Docket: 19-1759

Opinion Date: April 9, 2020

Judge: Lavenski R. Smith

Areas of Law: Criminal Law

The Eighth Circuit affirmed the district court's denial of defendant's motion to withdraw his guilty plea. The court held that defendant failed to meet his burden of establishing a fair and just grounds for withdrawal and thus the district court did not abuse its discretion in denying his motion. In this case, the plea hearing transcript belies any contention that defendant did not knowingly and voluntarily enter his plea, the record contained no evidence that defendant's medication had an effect on his competency, and the timing of defendant's attempted withdrawal was after the presentencing report was prepared.

United States v. Williams

Docket: 19-1827

Opinion Date: April 9, 2020

Judge: Raymond W. Gruender

Areas of Law: Criminal Law

The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence obtained from the search of his vehicle. The court held that the officers lawfully continued their investigation after they determined defendant was not carrying a gun because, during the pat down, defendant admitted that he had threatened to shoot a woman. In this case, the officers' request for defendant's identification was a reasonable and lawful extension of their initial investigatory stop. The court also held that the officers then had probable cause to search defendant's vehicle because one of the officers smelled marijuana when defendant opened the car door.

Fergin v. Magnum LTL, Inc.

Docket: 18-3502

Opinion Date: April 9, 2020

Judge: Lavenski R. Smith

Areas of Law: Personal Injury, Transportation Law

Plaintiff filed suit against Westrock in state court after a stack of cardboard boxes fell out of a truck and caused him to fall to the ground, injuring his shoulder. After removal to federal court, plaintiff brought a negligence claim against defendants for damages related to his bodily injury. Magnum moved for summary judgment, alleging that the Carmack Amendment preempted plaintiff's state law claim. The Eighth Circuit held that the Carmack Amendment, which requires a carrier under the jurisdiction of the Transportation Act to issue a bill of lading for property it receives for transport and makes the carrier liable for damages resulting from its transportation or service, did not preempt plaintiff's state law claim for personal injury, because he was not a party to the bill of lading between his employer and the common carrier. Accordingly, the court reversed the district court's holding to the contrary.