Constitutional Law

7557 ABA Journal Constitutional Law articles.

Overturning 2016 precedent, Florida top court says jury unanimity not needed for death penalty
The Florida Supreme Court on Thursday overturned a 2016 decision and ruled that judges may impose the death penalty even when jurors do not unanimously recommend it.
Defendant challenges ‘classic dragnet search’ for Google cellphone data within robbery radius
A bank robbery defendant who was arrested based on Google location data is seeking to suppress the evidence under a challenge to the broad warrant that authorized the disclosure.
Afternoon Briefs: Rep. Tulsi Gabbard sues over Hillary Clinton gripe; court order doesn’t stop deportation

Rep. Tulsi Gabbard sues Hillary Clinton for ‘Russian asset’ comment about unnamed candidate

Rep. Tulsi Gabbard, a 2020 Democratic presidential primary candidate, has filed a defamation suit against Hillary Clinton…

Some lawyers worry about proposed DOE rule that would remove restrictions on religious institutions

President Donald Trump announced this month that his administration would make it easier for public school students and teachers to pray on campus and would remove federal funding restrictions for religious groups that provide social services.

5th Circuit denies transgender prisoner’s request to use female pronouns, change court records

A federal appeals court has refused to refer to a transgender inmate by her preferred female pronouns and rejected her request to change court records to reflect her new name.

Supreme Court rejects fast-track review of health care law, making review before election unlikely
The U.S. Supreme Court refused Tuesday to grant fast-track review to a new constitutional challenge to the Affordable Care Act, making it unlikely that the case will be decided before the 2020 presidential election.
Trump lawyer Dershowitz acknowledges many disagree with his take on ‘high crimes and misdemeanors’
Alan Dershowitz, a Harvard Law professor emeritus and a member of President Donald Trump’s impeachment defense team, acknowledges in a New York Times interview that most constitutional scholars disagree with his interpretation of “high crimes and misdemeanors.”
SCOTUS adds cases on wayward presidential electors, contraceptive coverage exemptions
The U.S. Supreme Court added two high-profile cases on Friday to its docket concerning faithless presidential electors and expanded exemptions to mandated contraceptive coverage.
Afternoon Briefs: Youths’ climate-change suit tossed; Ken Starr and Alan Dershowitz join Trump legal team

9th Circuit tosses youths’ climate-change suit on standing grounds

The 9th U.S. Circuit Court of Appeals at San Francisco dismissed Friday a climate-change lawsuit filed on behalf of…

Felons in Florida must pay all fees and fines before they can vote, state’s top court says
Felons in Florida have to pay fees, fines and restitution before their voting rights are restored, according to a Florida Supreme Court advisory opinion.
What does Equal Rights Amendment ratification in Virginia mean for its chances?

The Equal Rights Amendment has been battling the numbers since 1979, at which time it fell three states short of becoming part of the Constitution. As of 2020, however, just one state was needed to meet a state count threshold to pass the ERA—that’s until Virginia made history on Wednesday, ratifying the amendment.

Afternoon Briefs: Michael Avenatti is accused of bail violations; Virginia is 38th state to ratify ERA

Michael Avenatti is arrested for alleged bail violations

The lawyer who once represented adult film actress Stormy Daniels has been arrested for alleged bail violations. The federal government contends that,…

State supreme court affirms 12-year sentence for inmate’s cellphone possession
The Mississippi Supreme Court has upheld the 12-year sentence of a man convicted for having a cellphone in jail.
Top St. Louis prosecutor files suit alleging racially motivated conspiracy to obstruct her equal-justice efforts
St. Louis Circuit Attorney Kim Gardner filed a federal lawsuit Monday alleging the city and the police union are engaged in a racially motivated conspiracy to deny civil rights by obstructing her efforts to ensure equal justice under the law.
Justices should consider when wrongfully convicted can seek damages, ABA says
The ABA is urging the U.S. Supreme Court to hear a case that “presents one of the increasing number of instances in which a prosecutor’s office has conditioned the release of an unlawfully convicted defendant on his agreement to a new plea—rather than vacating the prior conviction before bringing any new charges.”

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