On March 23, 2020, the Supreme Court held by a vote of 6-3 that the federal Due Process Clause does not require a state to adopt an insanity test that turns on a defendant’s ability to recognize that his or her crime was morally wrong. In an opinion written by Justice Kagan, the Court reaffirmed its 1968 plurality opinion in Powell v. Texas, 392 U. S. 514, declaring that criminal responsibility "is animated by complex and ever-changing ideas that are best left to the States to evaluate and reevaluate over time." The Court explained that the relationship between mental illness and criminal liability, in particular, is an ongoing dialogue between the law and psychology, and the Due Process Clause does not require that dialogue be frozen in "a rigid constitutional mold."
Justice Kagan’s majority opinion was joined by the Chief Justice and Justices Thomas, Alito, Gorsuch, and Kavanaugh. Justice Breyer dissented, joined by Justices Ginsburg and Sotomayor.
To discuss the case, we have GianCarlo Canaparo, Legal Fellow at the Heritage Foundation.
Cato Daily Podcast - A Trump Immigration Ban Would Slow Economic Recovery
Even if an immigration ban made sense at this point in a global pandemic, it would harm the economic recovery while doing very little to stem the spread of the coronavirus. Alex Nowrasteh discusses the President's forthcoming executive order.
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Hayek Program Podcast - Peter Boettke and Karen Vaughn on Academic Entrepreneurship
CBS News Roundup - World News Roundup: 04/22
Reopening the economy brings cheers from some, concern from others. The Senate passes help for small businesses. At home tests for health care workers. CBS News Correspondent Steve Kathan has today's World News Roundup.
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Strict Scrutiny - Podapalooza Teaser
This is just a reminder to sign up for podapalooza -- happening this weekend! You can sign up at plza.org
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 6/12 – NYC
- 10/4 – Chicago
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Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
The Intelligence from The Economist - Held in cheque: corporate payouts and covid-19
Even before the pandemic, companies were accused of returning too much money to shareholders. As a recession looms, dividends and share buy-backs should be cut—but not everywhere. Coral bleaching on the Great Barrier Reef is more widespread than ever, and each event makes a full recovery less likely. And the animals are out to play as humans are locked away.
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What Next - What Next | Daily News and Analysis – How Sioux Falls Became a Hot Spot
More than 700 cases of COVID-19 in Sioux Falls, South Dakota can be traced back to the city’s Smithfield pork packaging plant. Weeks before the coronavirus outbreak was confirmed, employees were asking for protective measures that didn’t materialize until it was too late. And Smithfield isn’t unique: Meatpacking facilities across the country are also struggling to minimize the spread of the virus.
Guest: Kooper Caraway, president of the Sioux Falls AFL-CIO.
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The Best One Yet - “Plant-based sleepover at Starbucks China” — Beyond Meat and Oatly head to China. Local News’ 2 options to survive. DuPont’s diversification pivot.
Beyond Meat and Oatly oat milk wanted to hang out in China, so they’re hitching a ride and hanging out at Starbucks’ house there. Local news is feeling more financial pressure than ever as local ads dry up — we have two ideas for how it can be saved. And DuPont is the oldest company we’ve ever covered on Snacks Daily, but its pivot is totally fresh.
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What Next | Daily News and Analysis - How Sioux Falls Became a Hot Spot
More than 700 cases of COVID-19 in Sioux Falls, South Dakota can be traced back to the city’s Smithfield pork packaging plant. Weeks before the coronavirus outbreak was confirmed, employees were asking for protective measures that didn’t materialize until it was too late. And Smithfield isn’t unique: Meatpacking facilities across the country are also struggling to minimize the spread of the virus.
Guest: Kooper Caraway, president of the Sioux Falls AFL-CIO.
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More or Less: Behind the Stats - Comparing countries, the risk to NHS staff, and birdsong
We compare Covid-19 rates around the world. Headlines say NHS staff are dying in large numbers, how bad is it? And is it just us, or have the birds started singing really loudly?