We're in the middle of exam season here at the law school, so I read this Ninth Circuit opinion, I thought it'd be a great basis for a law school final exam. (Of a sort, anyway.)
So, to take you back to those halcyon days of law school, I thought I'd turn it into one and let whomever wishes take the exam.
Here goes:
"A federal statute provides that people can be deported ("removed") from the United States if they have committed a crime of 'child abuse, child neglect, or child abandonment.' Defendant is found guilty in state court of the crime of 'child endangerment' for driving while drunk while his five-year old son was in the vehicle.
The case reaches the Ninth Circuit, which eventually hears the case en banc. Five judges agree that Defendant can't be deported because child endangerment is different than child abuse or neglect. Four judges agree the Defendant can be deported because the terms 'child abuse' and 'child neglect' are ambiguous can rationally be classified as including endangerment. Two judges agree that Defendant can be deported because child endangerment categorically constitutes child abuse or neglect.
Question One: You're a district court judge. Which opinion, if any, states the law of the Ninth Circuit?
Question Two: You're on the Supreme Court. Which opinion, if any, is correct?
For further reference, if you wish, you may read the underlying opinions in their entirety, which are attached herewith. They collectively total 169 pages.
You have 90 minutes to write your answer. Begin."
