Kahler v. Kansas - Post-Decision SCOTUScast
featuring GianCarlo Canaparo
featuring GianCarlo Canaparo
On March 23, 2020, the Supreme Court held by a vote of 6-3 that the federal Due Process Clause does not require a state to adopt an insanity test that turns on a defendant’s ability to recognize that his or her crime was morally wrong. In an opinion written by Justice Kagan, the Court reaffirmed its 1968 plurality opinion in Powell v. Texas, 392 U. S. 514, declaring that criminal responsibility "is animated by complex and ever-changing ideas that are best left to the States to evaluate and reevaluate over time." The Court explained that the relationship between mental illness and criminal liability, in particular, is an ongoing dialogue between the law and psychology, and the Due Process Clause does not require that dialogue be frozen in "a rigid constitutional mold."
Justice Kagan’s majority opinion was joined by the Chief Justice and Justices Thomas, Alito, Gorsuch, and Kavanaugh. Justice Breyer dissented, joined by Justices Ginsburg and Sotomayor.
To discuss the case, we have GianCarlo Canaparo, Legal Fellow at the Heritage Foundation.
Principal Deputy Assistant Attorney General, Office of Legal Policy, United States Department of Justice
GianCarlo Canaparo serves as the Principal Deputy Assistant Attorney General in the Office of Legal Policy at the Department of Justice. He oversees the Office's regulatory work, assists the White House in the process of selecting nominees for federal judgeships and advises Department leadership on policy and legal matters.
Before joining the Department, Canaparo was a senior legal fellow at The Heritage Foundation’s Edwin Meese III Center for Legal and Judicial Studies where he researched constitutional law, administrative law, and civil rights.
Canaparo’s scholarship has appeared in various law reviews and periodicals. His research has been cited by Justice Neil Gorsuch and featured in the Wall Street Journal and Washington Post.
Canaparo co-hosted The Heritage Foundation’s SCOTUS 101 podcast, which followed the Supreme Court’s arguments and opinions and featured interviews with judges, advocates, and scholars.
After graduating Georgetown law, Canaparo spent three years at the law firm of Skadden, Arps, Slate, Meagher & Flom and two years as a federal law clerk. He earned his bachelor’s degree in economics from the University of California at Davis.
Canaparo is a classical pianist.