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Can Jordan v.
De George, a landmark Supreme Court case, still provide relevant legal precedent in the modern era of assisted reproduction and embryo donation?
The Jordan v.
De George case of 1951 established that the phrase "crimes involving moral turpitude" was not unconstitutionally vague, and upheld the moral turpitude provisions in the Immigration Act of 1917.
The case involved Jordan, who was charged with conspiracy to defraud the US of taxes on distilled spirits, and was convicted and deported in 1941.
Jordan's case was significant as it validated the use of "moral turpitude" in the Immigration Act, which had been challenged as vague and unconstitutional.
"Moral turpitude" is a term that has never been defined by federal statute or rule, and its meaning has been developed through case-by-case adjudication for over a century.
The term "moral turpitude" has its legal origins in English common law and has been used in US immigration law since the late 19th century.
The void-for-vagueness argument, which holds that a law must clearly define the conduct it prohibits, was raised in Jordan v.
De George, but the Supreme Court rejected it.
The Supreme Court in Jordan v.
De George applied a two-part test to determine if a crime involves moral turpitude: whether it was a "reprehensible" act and whether it was "inherently base, vile, or depraved."
The Immigration and Nationality Act of 1952 expanded the definition of "crimes involving moral turpitude" to include crimes committed within five years of entry into the US.
In 1990, the Immigration Act was amended to include a list of specific crimes considered to involve moral turpitude.
In the modern era of assisted reproduction and embryo donation, the Jordan v.
De George case remains relevant in that it established a legal precedent for defining "crimes involving moral turpitude" in the context of immigration law.
In the context of assisted reproduction and embryo donation, questions of moral turpitude may arise in cases of surrogacy, gamete donation, and embryo disposal.
The definition of moral turpitude has evolved over time, reflecting changing societal values and norms, and will continue to be a subject of legal debate in the context of immigration and assisted reproduction.
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