Bloomberg Law Weekend Law: Habeas Corpus, Menendez Brothers & Recipe Wars
May 17, 2025
Legal experts Dave Ehrenberg, a former state attorney, Jonathan Adler, a constitutional law professor, and Terrence Ross, an intellectual property litigator, dive into the Menendez brothers' resentencing highlighting their expressions of remorse and the complex legal hurdles they face. They also discuss the foundational right of habeas corpus, echoing its significance through a recent Supreme Court ruling affecting detainees. Finally, the team tackles a culinary copyright controversy involving a popular cake recipe, underscoring the importance of recognizing creative contributions.
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Menendez Brothers' Resentencing Insight
- The Menendez brothers' resentencing reflects recognition of their rehabilitation and remorse.
- Celebrity influence and family support played a significant role in their eligibility for parole.
Habeas Corpus Suspension Limits
- Habeas corpus can only be suspended by Congress, not unilaterally by the president.
- The suspension clause applies only in cases of rebellion or invasion, ensuring judicial oversight remains intact.
Threat to Judges via Habeas Suspension
- The administration's suggestion of suspending habeas corpus acts as a subtle threat to judges.
- Such a confrontational approach may undermine the administration's legal credibility in court.