Reply To: NARSOL files amicus brief to Supreme Court, joins another

#47812
Robin Vander Wall
Robin Vander Wall
Admin

It’s really impossible to provide a definitive answer to your question. The question presented in this case is more or less whether or not these so called “second generation” laws are punitive and whether, as applied to the facts in Bethea, violate the Martinez-Mendoza factors. So, depending on whether or not the Court grants cert (and then depending on what the Court were to decide), the best you can hope for is that the Court agrees with the petitioner which, in effect, would open up the floodgates for similar challenges throughout the nation. But, I don’t think it would have the immediate effect you are seeking in your question.