Issue: Did the state’s COVID response and mandated prohibition on indoor
worship services and at home services violate the “free exercise” clause of the
Constitution?
Issue: Does a state court order following a criminal conviction of a juvenile
ordering life in piston without possibility of parole and without a finding of the minor is
incorrigible violate the Eighth Amendment prohibition against cruel and unusual
punishments?
Issue: Did conviction of Crow Indian for hunting in Bighorn National Forest
violate the Crow Tribe of Indians’ 1868 treaty with the U.S.?
Consider also the dissent by Justice Alito.
Which opinion/argument do you find more persuasive? Why?
Issue: Where a criminal defendant has been convicted in state court, does a
subsequent prosecution for the same offense by the federal government violate the
prohibition of “double jeopardy” as found in the Constitution?
After briefing the majority opinion of Justice Alito, consider the dissent of either
Justice Ginsburg or Justice Gorsuch.
Which opinion/argument do you find more persuasive? Why?
Issue: Where it is alleged that a state has drawn election district maps in a way
to give political advantage to one, particular party, can the courts intervene to provide
relief to voters whose power has been diluted or diminished by the redistricting?
C.J. Roberts wrote the majority opinion. The dissenting opinion was written by
J. Kagan.
Which opinion do you find more persuasive and why?
Issue: Under the Clean Water Act, are pollution discharges “from” a point into
ground water which then migrate into the ocean subject to the EPA permitting
requirements of the act?
After determining what the majority opinion ruled, read either the Justice
Thomas or the Justice Alito dissent. Do you find the dissent or the majority more
persuasive… why?