Drafted and Shafted: Who Should Complain About Male-Only Registration?

SHERRY F. COLB

Cornell law professor comments on a recent opinion by the U.S. Court of Appeals for the Fifth Circuit holding that requiring men but not women to register for the draft is constitutional under mandatory U.S. Supreme Court precedents. Specifically, Colb considers what the U.S. Supreme Court should do if it agrees to hear the case and more narrowly, whether the motives of the plaintiffs in that case bear on how the case should come out.

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State v. Braun

Docket: 113762

Opinion Date: August 28, 2020

Judge: Marla J. Luckert

Areas of Law: Civil Rights, Constitutional Law, Contracts

The Supreme Court reversed the decision of the court of appeals concluding that the district court committed harmless error in failing to suppress a blood test result, holding that the court of appeals erred when it concluded that Defendant could be guilty of an alternative charge. Following a bench trial on stipulated facts, the district court convicted Defendant of driving with a blood alcohol content of more than 0.08 as measured within three hours of driving. The court of appeals affirmed, holding that, even though the district court should have suppressed the blood test result, the stipulation included facts that supported a conviction on an alternative charge that was not a part of the district court's judgment. The Supreme Court reversed, holding that the court of appeals erred by not considering and applying the conditions that limited the binding nature of the parties' stipulation.

State v. Juarez

Docket: 118543

Opinion Date: August 28, 2020

Judge: Wilson

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

The Supreme Court affirmed the decision of the court of appeals affirming the judgment of the district court ordering Defendant to register as a violent offender under the Kansas Offender Registration Act (KORA), Kan. Stat. Ann. 22-4901 et seq., holding that the district court's notice to Defendant concerning his obligation to register did not violate Defendant's right to due process. Defendant was convicted and sentenced for aggravated burglary. The district court ordered Defendant to register as a violent offender under KORA. On appeal, Defendant argued that the district court's failure to notify him of his registration obligation at the time of his plea and conviction violated his right to procedural due process under the Fourteenth Amendment. The Supreme Court disagreed, holding that the notice provided to Defendant was constitutionally sound and that Defendant was not deprived of his opportunity to be heard.

State v. Lindemuth

Docket: 116937

Opinion Date: August 28, 2020

Judge: Per Curiam

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

The Supreme Court affirmed the judgment of the court of appeals reversing Defendant's conviction of one count of criminal threat under Kan. Stat. Ann. 21-5415(a)(1), holding that there was no basis for this Court to discern whether the jury concluded the State had proved beyond a reasonable doubt that Defendant committed criminal threat intentionally. On appeal, the court of appeals concluded that the trial court erred by rejecting defense counsel's proposed jury instruction on workplace defense. The State sought review. While review was pending, the Supreme Court held in State v. Johnson, 450 P.3d 790 (Kan. 2019), that the provision in section 21-5415(a)(1) allowing conviction if a threat of violence was made in reckless disregard for causing fear was unconstitutionally overbroad. The Supreme Court affirmed the court of appeals' judgment as right for the wrong reason, holding that, based on Johnson, Defendant's conviction cannot stand.

Woessner v. Labor Max Staffing

Docket: 119087

Opinion Date: August 28, 2020

Judge: Dan Biles

Areas of Law: Labor & Employment Law, Personal Injury

The Supreme Court affirmed the determination of the Workers Compensation Board that clear and convincing evidence showed that an employee's impairment caused by marijuana consumption did not contribute to the employee's workplace accident, holding that sufficient evidence supported the Board's finding that it was "highly probable" that the employee's impairment did not contribute to his accident. Gary Woessner died after falling fifteen feet from a jobsite catwalk for an unexplained reason. Gary's employer, Labor Max Staffing, paid workers compensation benefits for his temporary total disability and for his treatment and care, but after he died, Labor Max stopped paying not he workers compensation claim. Carmen Woessner, Gary's widow, sought benefits. An administrative law judge ruled that Gary's injuries were not compensable because Carmen failed to demonstrate by clear and convincing evidence that Gary's impairment caused by marijuana use did not contribute to his accident, injury, and death. The Board concluded that Gary's injuries were compensable and awarded the benefits, finding that, even if Gary was impaired, the impairment did not contribute to his accident. The Supreme Court affirmed the Board, holding that the drug test results were admissible and that the conclusively presumed impairment did not contribute to Gary's accident.