PODCAST: Biden administration wants to undo landmark ruling that found criminal immigration law unconstitutional

Check out this podcast.  Federal Public Defender Lauren Gorman describes it as follows:

“This podcast tells the story of Federal Public Defender Kara Hartzler’s quest to challenge the constitutionality of the most prosecuted federal offense in America on the grounds that it is intentionally racist and has a disparate impact on Latinos. While no judge in San Diego would give Ms. Hartzler an evidentiary hearing, Lauren Gorman, a Federal Public Defender in her sister office in Nevada brought the challenge when her client was prosecuted during the pandemic while already serving a life sentence for a nonviolent drug offense in the state of Nevada. Ms. Gorman was given the opportunity to be heard and to present the testimony of a historian and political scientist. The historical and legislative history unearthed in her client’s case was damning. The Chief Federal Judge in the District of Nevada found the law violated the equal protection guarantee of the Fifth Amendment because it was motivated, at least in part, by racism and had a disparate impact on Latinos. The Biden Administration’s Department of Justice, despite its stated commitment to racial justice, appealed the decision arguing that courts should not engage in the traditional `sensitive inquiry’ of congressional intent because the law at issue, though it imposes up to twenty years in prison, is part of the country’s immigration framework.”

Courthouse News reports on the district court’s ruling here.

Hat tip to Carrie Rosenbaum.

KJ