If one person objects to a search, may the police remove him and seek
permission from another occupant to conduct it? Illustration by Viktor
Koen. Click here for the ABA Journal's preview of the oral argument.
AB 1024 was passed by the California Assembly and Senate in September, largely in response to a pending case before the California Supreme Court. Sergio Garcia graduated from law school and passed the California bar exam. He was initially granted a law license, but it was then rescinded due to his undocumented status.
Garcia had been brought to the U.S. as a toddler, went back to Mexico at the age of 9, then returned to the U.S. as a teenager. He has been waiting for a green card for nearly 10 years. The California Supreme Court heard oral arguments in early September and early indications were that Garcia's bid for admission would be unsuccessful, prompting the legislature to act.
USD constitutional law professor Steven Smith weighed in last week on the "no endorsement of religion" doctrine in the context of the challenge to legislative prayer in the Town of Greece v. Galloway case scheduled to be argued before the Supreme Court on November 6. Read Prof. Smith's remarks here.