James Durling

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The Intercircuit Exclusionary Rule

Federal courts have long resolved intercircuit suppression disputes using a choice-of-law framework and applying the precedent of the circuit where the search occurred. This Comment shows that this approach is fundamentally mistaken. Choice-of-law problems only arise when different laws, not different interpretations of the same law, are involved.

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May Congress Abrogate Stare Decisis by Statute?

On January 3, 2017, Congressman Steve King introduced a bill that would bar federal courts, including the Supreme Court, from citing a number of the Court’s decisions on the Patient Protection and Affordable Care Act (ACA) “for the purpose of precedence [sic].” The bill cites Article 3, Section 2 of the Constitution, which allows Congress to restrict the Court’s appellate jurisdiction, as...