U.S. Supreme Court Accepts a Case on Legal Status of Puerto Rico

On October 1, the U.S. Supreme Court agreed to hear Puerto Rico v Valle, 15-108. Technically the case is about criminal law, but the courts, to resolve this case, must also resolve whether Puerto Rico has any sovereignty or whether Congress has all sovereignty over Puerto Rico.

A resident of Puerto Rico was indicted by the federal government for the illegal sale of firearms. He plead guilty and served a short term. Then he was indicted by Puerto Rico authorities for the gun violation. The Puerto Rico Supreme Court ruled that he could not be prosecuted by Puerto Rico because that would be double jeopardy. The double jeopardy part of the U.S. Constitution prevents the same government from prosecuting someone twice for the same offense, but it does not prevent both the federal government and a state government from prosecuting. Thus the question turns on whether Puerto Rico has a sovereign (even if limited) government of its own. Here is the cert petition. Thanks to HowAppealing for this news.

Larry Lessig Criticizes National Democratic Party Officials for Not Recognizing his Campaign for President

Larry Lessig is a well-known professor who is seeking the Democratic Party presidential nomination. He probably won’t be in the first Democratic presidential debate set for October 13 because he is not averaging 1% in the polls. But that is because most polls have not included him. He is at 1% or better in the few polls that have mentioned him.

In this Politico piece, he documents deficiencies in the process of getting him into the polls. He puts a great deal of blame on the national Democratic Party’s refusal to consider him a “real” candidate. Thanks to Rick Hasen for the link.

U.S. Supreme Court Accepts Case on Whether Government Employees Can be Demoted Because of their Election Activity

On October 1, the U.S. Supreme Court agreed to hear Heffernan v City of Paterson, New Jersey, 14-1280. The individual who brought the case had been a police detective who was demoted because he was seen with a campaign sign in his car. The lower court, the Third Circuit, upheld his firing. See this story.