Ketanji Brown Jackson Sworn In - Power of State Legislature over Redistricting Maps and Voting Rules - Cannabis and Psilocybin Mushrooms Are Our Religion

• Pages: 9-9
• Date: 01 October 2022
• Author: Hon. Oran F. Whiting (Ret.)
• Subject Matter: Civil Law

Ketanji Brown Jackson Sworn In

Power of State Legislature over Redistricting Maps

and Voting Rules

Cannabis and Psilocybin Mushrooms Are Our Religion

U.S. SUP REME COUR T

Ketanji Brown Jackson has been sworn

in as an associate justice of the U.S.

Supreme Court, making her the f‌irst

African American woman to take the

bench in the Court’s 233-year history.

Justice Jackson f‌ills the vacancy left

by retired Associate JusticeStephen

Breyer, who stepped down at the end

of the Court’s previous term. Justice

Jackson’s prior service as a public

defender is expected to bring a new

legal perspective to the Court in what

could be a historic term.

Commercial Paper

The Supreme Court will hear argu-

ments in a case involving several

core legal issues including sover-

eign state interest, conf‌licts between

states, escheat, and commercial

paper. Delaware v. Pennsylvania and

Wisconsin involves a dispute regarding

which state is entitled to ownership of

unclaimed ocial checks issued by a

private f‌inancial institution.

The Court will be asked to decide

whether the state in which a f‌inan-

cial instrument is purchased has the

right to take custody of the sums pay-

able on abandoned prepaid instru-

ments sold by MoneyGram Payment

Systems, Inc. The Court has received

submissions from four separate states,

as well as the Unclaimed Property

Professionals Organization, which

describes itself as a national organiza-

tion concentrating on all aspects of

unclaimed property compliance and

education and an advocate for the

interests of both the holders and own-

ers of unclaimed property. Delaware v.

Pennsylvania & Wisconsin,No.22O145.

Voting

In a surprise certiorari decision, the

Supreme Court will hear arguments

concerning redistricting maps and

whether state courts can overrule

voting rules imposed by state legis-

latures. Moore v. Harper was brought

by Republican lawmakers in North

Carolina after state courts rejected the

redistricting map.

The Court will consider “[w]hether

a state’s judicial br anch may nullify

the regulations governing the ‘Manner

of holding Elec tions for Senators and

Representatives . .. prescribed ... by the

Legislature thereof’ and replace them

with regulations of th e state courts’

own devising, base d on vague state

constitutional provisions purportedly

vesting the state jud iciary with power

to prescribe whatever ru les it deems

appropriate to ensu re a ‘fair’ or ‘free’

election.” Th e Court’s decision coul d

give state legislatures total control

over their state’s elec tions. Moore v.

Harper, No. 21-1271.

Civil Rights

The Court will h ear arguments in

two cases involving discrimination

in higher edu cation admissions. The

suit against Ha rvard concerns alleged

discrimination againstAsian Ameri-

canapplicants in it s undergraduate

admissions . The other suit centers

on the Universit y of North Carolina’s

use of socioecon omic factors in

admission. T he cases were originally

certif‌ied an d consolidated under the

Harvard cas e. However, the appoint-

ment of Associa te Justice Ketanji

Brown Jackson, a former member of

Harvard’s Bo ard, resulted in a division

of the cases, as J ackson will

AND MORE . . . BY HO N. ORAN F. WHITI NG (RET.), LITIGATION NEWS ASSOCIATE EDITOR

recuse hersel f from the Harvard case.

Students for Fair Ad missions, Inc.

v. President and Fellows o f Harvard

College, No. 20-11 99,Students for Fair

Admissions , Inc. v. University of North

Carolina, No. 21-707.

FEDERAL DISTRICT COURTS

Northern District of

California: Religious

Discrimination

The Zide Door Church of Entheogenic

Plants, an Oakland, California-based

church, accepting cannabis, mush-

rooms, and other entheogenic plants

as “sacrament,” recently f‌iled a zon-

ing law grievance and a religious dis-

crimination claim against the City of

Oakland after police raided the church

pursuant to an anonymous complaint

that it was operating as an unauthor-

ized cannabis dispensary.

The suit seeks, among other relief,

general damages, a judgment declar-

ing the church’s religious use of

entheogenic plants, including can-

nabis and psilocybin, may not be

considered in any applications for

permits, and punitive damages. This

suit is expected to open a pandora’s

box regarding the diculty of def‌in-

ing religion and religious regulation.

Interestingly, the Oakland City Council

passed a resolution in 2019 stating

that entheogenic plants “can catalyze

profound experiences of personal and

spiritual growth.” Church of Ambrosia

v. City of Oakland, No. 4:22-cv-4655.

FALL 2022 • VOL. 4 8 NO. 1

9 | A BA LITIGATION SECTION

Published in Litigation News Volume 48, Number 1, Fall 2022 . © 2022 by the American B ar Association. Repr oduced with permis sion. All rights rese rved. This informa tion or any portion th ereof may not be cop ied or disseminated in any for m

or by any means or stored i n an electronic database o r retrieval syst em without the expr ess written co nsent of the American B ar Association.

KEEPING WATCH EMERGING DEV ELOPMENTS FOR LITIGATORS