ABA Journal

Eighth Amendment

40 ABA Journal Eighth Amendment articles.

Inmate in solitary for 27 years asks Supreme Court to rule on his Eighth Amendment claim

Lawyers for Texas inmate Dennis Wayne Hope have asked the U.S. Supreme Court to decide whether his 27 years in solitary confinement violate the Eighth Amendment’s ban on cruel and unusual punishment.

New Tennessee law helped inmate leave death row; judge’s ruling creates possibility of parole

A former death row inmate in Tennessee will get a chance to seek parole as a result of a resentencing following prosecutors’ concession that he can’t be executed because of an intellectual disability.

Justice Breyer, Supreme Court’s oldest member, will retire, reports say

U.S. Supreme Court Justice Stephen G. Breyer will retire from the Supreme Court, according to media reports that rely on anonymous sources. The liberal Breyer, 83, is the oldest justice on the court.

Supreme Court grows ‘increasingly hostile’ to inmates seeking to delay executions

The U.S. Supreme Court is growing “increasingly hostile” to arguments made on behalf of death row inmates, according to a Sidebar column in the New York Times.

Supreme Court will decide whether innkeeper can sue border agent for First Amendment damages

The U.S. Supreme Court agreed Friday to decide whether the owner of a bed and breakfast establishment called the Smugglers Inn can sue a border patrol agent for damages under the First and Fourth Amendments.

ABA House addresses treatment of children and youths in pair of resolutions

The ABA House of Delegates addressed the treatment of children and youths in two resolutions at the ABA Hybrid Annual Meeting on Tuesday.

Forfeiture of convicted drug dealer’s Land Rover was an excessive fine, state supreme court rules

The Indiana Supreme Court has ruled that a convicted drug dealer who challenged the forfeiture of his Land Rover before the U.S. Supreme Court should get his vehicle back.

Chemerinsky: Precedent seems to matter little in the Roberts Court

How much weight does the Roberts Court give to precedent? This is the crucial underlying question now that the U.S. Supreme Court has granted review in Dobbs v. Jackson Women’s Health Organization, which puts the fate of Roe v. Wade before the justices. The case concerns a Mississippi law that prohibits abortions after the 15th week of pregnancy.

Chemerinsky op-ed calls on Justice Breyer to retire now

U.S. Supreme Court Justice Ruth Bader Ginsburg didn't heed calls to resign when law dean Erwin Chemerinsky wrote a March 2014 op-ed making that plea.

Juvenile can get life without parole for murder without finding of permanent incorrigibility, Supreme Court rules

The U.S. Supreme Court ruled Thursday that a defendant can be sentenced to life without parole for a homicide committed as a juvenile without a separate finding of permanent incorrigibility.

Costly municipal fines and fees spark a movement for reform

Across the country, Americans are being hit with hefty fines and fees for petty violations, advocates for reform say, igniting a movement pressing for change. “Code enforcement exists to promote public health and safety, but the way we’re seeing it happen across the country right now is to make money,” Institute for Justice attorney Kirby Thomas West says.

Nation’s oldest, longest-serving juvenile lifer is released from prison at age 83

The nation’s oldest, longest-serving juvenile lifer was released from prison this month at age 83, thanks to a pair of U.S. Supreme Court decisions.

What can Texas tell us about the rise and fall of the death penalty?

In Let The Lord Sort Them: The Rise and Fall of the Death Penalty, Maurice Chammah shares how Texas became the country’s capital punishment capital.

‘This is not justice’: Sotomayor slams final federal executions before Biden’s inauguration

Dustin John Higgs was executed early Saturday, the 13th inmate to be put to death since the federal government resumed executions after a 17-year hiatus.

Can being forced to listen to ‘Baby Shark’ be considered cruel and unusual punishment?

I can’t pinpoint exactly what makes the song so intolerable after repeated listens. All I know is I’m not alone. Other adults have realized “Baby Shark” can be weaponized, and they are using it to their advantage.

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