From the Evacuation of Kabul to Resettlement in Phoenix: The Legal Status of Afghan Refugees

Arizona State Law Journal Blog
By Maria McCabe. At the end of last month, the United States’ 20-year war in Afghanistan ended with the chaotic evacuation of over 120,000 people from the Kabul airport, including U.S. citizens, Afghans, and citizens of other countries. What happens next presents intertwined logistical and policy challenges. Logistically, the Biden administration plans to resettle at least 60,000 evacuated Afghan nationals in the U.S. in the near future. Some have already landed in the U.S., where they are being housed at military sites until refugee resettlement agencies confirm their placements. Others have been taken to emergency processing centers in countries like Germany and Qatar before coming to the U.S. All will be, or have been, thoroughly vetted. But once the government completes the gargantuan challenge of processing that many individuals, what…
Read More

Alabama Association of Realtors: The Supreme Court’s Decision to Vacate the CDC’s Eviction Moratorium

Arizona State Law Journal Blog
By Nicholas A. Traver. On August 26, in Alabama Association of Realtors v. Department of Health and Human Services, the United States Supreme Court vacated the Center for Disease Control’s (“CDC”) eviction moratorium. The Court held that the CDC’s reliance on section 361 of the Public Health and Service Act (“PHSA”) (found at 42 U.S.C. 264) for authority to create and enforce the moratorium was an overstep of power. For such broad power to be exercised, Congress would have had to explicitly address the issue. To best understand the Court’s decision and its reasoning, it is important to review the events of 2020 and 2021 that  led to  the ban on evictions. Brief Summary of the Moratorium Timelines THE CARES ACT: Two weeks after declaring COVID-19 a national emergency, Congress…
Read More

Arizona Supreme Court Eliminates Peremptory Challenges

Arizona State Law Journal Blog
By Emily Tegley. Serving as a juror and jury selection are common plots in popular media. The legal thriller Runaway Jury, CBS television show Bull, and true crime anthology The People v. O.J. Simpson: American Crime Story, all dramatize jury selection and feature jury consultants who carefully assist lawyers in choosing jurors who will look favorably upon the lawyer’s case. The reality of jury selection from a potential juror’s point of view is less exciting. A typical jury selection experience involves receiving a notice to appear, arriving and joining a crowded group of potential jurors, undergoing jury selections, likely disqualification and dismissal. There are generally two methods through which potential jurors can be disqualified from serving on a jury. First, jurors can be dismissed for cause. This occurs when a…
Read More

Is a COVID-19 Vaccine Mandate on the Horizon for Students in Arizona’s Public Universities?

Arizona State Law Journal Blog
By Kristin Leaptrott. Over the past several weeks, students have returned to university campuses across the country after a year and a half of virtual (or at least partially virtual) instruction. For many of them, the joy of in-person learning has come at a price: proof of vaccination against COVID-19. Colleges and universities in 39 states and Washington, D.C. have imposed COVID-19 vaccine mandates on students attending classes this fall; Arizona is not one of those states. However, with the recent full FDA approval of Pfizer’s COVID-19 vaccine, some Arizona students may be wondering whether a mandate is in their future. IN-PERSON LEARNING IN THE TIME OF COVID-19: KEEPING STUDENTS SAFE (OR TRYING TO) On June 14, 2021, Arizona State University (ASU) announced that it was strongly recommending that all…
Read More

Did the Arizona Supreme Court Kill the Invest in Ed Initiative?

Arizona State Law Journal Blog
By Natalie Packard. On August 19, 2021, the Arizona Supreme Court in Fann v. Arizona allowed the Invest in Education tax initiative to stand while the lower state court decides if the tax revenue will surpass the state constitutional limit. While this may seem like a victory for Invest in Ed, the Supreme Court’s decision held that the tax initiative’s characterization of the revenue as “grants” was unconstitutional and may lead to the initiative being struck down by the lower court. The Tax Initiative - Proposition 208 Invest in Education filed an initiative on February 14, 2020 called the “Invest in Education Act” (“Act”) that was placed on the ballot as Arizona Proposition 208 (“Prop. 208”). Prop. 208’s purpose is to raise revenue for schools by imposing an income tax…
Read More

Voter Confusion: Mi Familia Vota v. Hobbs

Arizona State Law Journal Blog
By Katie Giel.On October 5, 2020, U.S. District Judge Logan ordered that the voter-registration deadline be extended 18 days to October 23. The ruling was immediately appealed to the Ninth Circuit, where it was stayed on October 13, ending the voter-registration period on October 15. Arizonans will probably recall this highly confusing period where articles continued circulating on social media about the lower court’s extension, even though the Ninth Circuit had already closed registration. The Ninth Circuit’s reasoning in this decision may illuminate how future cases about burdens on the right to vote will be evaluated. The Argument Plaintiffs Mi Familia Vota and the Arizona Coalition for Change argued that the circumstances of 2020 make it so the original voter-registration deadline of October 5th would be burdensome to the exercise…
Read More

Preventing Hate Crimes

Arizona State Law Journal Blog
By Shayna Frieden.Beginning around 5 p.m. on Tuesday, March 16, a shooter killed eight people at three different spas in and around Atlanta, Georgia. Six of the victims were Asian women. Although authorities have not yet confirmed a motive, these fatal shootings come amidst a year of increasing anti-Asian discrimination and violence. Nearly 3,800 hate incidents have been reported since March of 2020, and more than double of the attacks were against women. Forty-three incidents of anti-Asian discrimination have also been reported in Arizona since March of 2020.The existence of hate crimes is unfortunately not new in our society. In Arizona in 2019, crimes motivated by race and ethnicity accounted for nearly 66% of the reported incidents (143 out of 217), which was the highest percentage of the decade. Advocates…
Read More

The 9/12 Split: The Newest Proposal To Reduce the Burden on Ninth Circuit Court of Appeals.

Arizona State Law Journal Blog
By Kole Lyons.In January 2021, a coalition of Idaho legislators introduced H.R. 320, The Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2021. This proposal would leave the Ninth Circuit covering California, Guam, Hawaii, and the Northern Mariana Islands. Meanwhile, the proposed Twelfth Circuit would cover Alaska, Arizona, Idaho, Montana, Nevada, Oregon, and Washington. The Twelfth Circuit would hold its regular sessions in Seattle, Washington, and Phoenix, Arizona. Idaho proposes this bill to reduce the Ninth Circuit’s burden, which is currently the largest and most backlogged Federal Circuit Court of Appeals.Ninth Circuit StatisticsThe Ninth Circuit Court of Appeals was established 130 years ago in 1891. At that time, the two judges on the court had jurisdiction over California, Idaho, Montana, Nevada, Oregon, and Washington. Those regions’ population was…
Read More

Proof of Vaccination and Vaccine Passports— Reasonable Requirement or Invasion of Privacy?

Arizona State Law Journal Blog
By Stephanie Deskins.  Call for COVID-19 Vaccine Passports As the pandemic rages on, lawmakers across the country are desperate to reopen their communities and their economies. New York State introduced the digital “Excelsior Pass” in March, allowing individuals to regain access to popular venues after proving they received a COVID-19 vaccine. Other states like Hawaii that have been hard hit by reduced tourism are similarly developing app-based vaccine passports.  The Biden administration caused national uproar after announcing plans to create a national vaccine passport.  Florida Governor Ron DeSantis stated he would use an “executive function” to block any vaccine passport system in his state.  Two Ohio state legislators opposed to vaccine passports plan to introduce legislation that preempts vaccine passports in Ohio. In light of these and other concerns, the…
Read More

Resurgence of Executions at the State and Federal Level

Arizona State Law Journal Blog
By Brianna Pachuilo. After seventeen years without a single federal execution, the federal government resumed executing death-row inmates last summer in the midst of a global pandemic. This timing was curious with declining national approval of the death penalty and a nationwide battle to keep people healthy and alive at the height of a global health crisis. Arizona has recently followed suit, with the Arizona Department of Corrections (ADC) announcing it is also prepared to resume executions. The execution uptake intertwines a number of legal, political, and humanitarian concerns at the federal and state level. Federal Level Starting in July 2020, the federal government began carrying out executions at an alarming rate. Over the past year, there has been an unprecedented thirteen executions in the past six months, which is…
Read More