ABA Journal

Fourteenth Amendment

202 ABA Journal Fourteenth Amendment articles.

Write-in candidate with 2 law degrees sues to keep Trump off the ballot; different challenge tossed

A law grad with a campaign website and a plan to launch a write-in presidential candidacy has filed several lawsuits contending that former President Donald Trump is barred from running under the 14th Amendment.

Top state court upholds unaffordable bail for ‘putative gun-toting drug dealer’

Delaware’s constitutional right to bail does not mean that it must be affordable for dangerous defendants, the state’s top court has ruled.

Weekly Briefs: SCOTUS asked to hear high school admissions case over race; utility company faces suit after Hawaii wildfires

Supreme Court could hear high school admissions case involving race

The U.S. Supreme Court on Monday was asked to hear a Virginia high school admissions case over race. The Coalition…

Activist who succeeded in ending affirmative action targets law firms’ diversity efforts

A conservative activist who led the campaign against affirmative action in college admissions is suing two major law firms for fellowships that they offer to increase diversity in the legal profession.

Alabama can enforce ban on transition treatment for transgender minors, 11th Circuit says

A federal appeals court on Monday ruled that Alabama can enforce a ban on puberty blockers and hormone treatments for transgender youths.

Federal judge orders release of county’s unrepresented defendants, says problem is ‘complete tragedy’

A federal judge in Eugene, Oregon, has ruled that defendants held without lawyers for 10 days in Washington County, Oregon’s jail must be released from custody.

Law banning transgender students from female sports likely unconstitutional, 9th Circuit says

A federal appeals court on Thursday ruled for a transgender college student who challenged an Idaho law that bars transgender athletes from participating in women’s and girls' student sports in public schools.

Constitution bars Trump from presidency, 2 conservative law profs conclude in upcoming article

Former President Donald Trump is barred from office under the 14th Amendment because he “engaged in insurrection,” two conservative law professors have concluded in an upcoming law review article.

2nd Circuit rejects free exercise challenge to law ending religious exemptions for immunization mandate

A Connecticut law ending a religious exemption for required vaccinations does not violate constitutional guarantees, including the First Amendment right to free exercise of religion, a federal appeals court has held.

Ban on lifetime voting for some felons violates Eighth Amendment, 5th Circuit rules

Mississippi’s lifetime ban on voting for felons convicted of some crimes serves no legitimate penological purpose and violates their rights under the Eighth Amendment, a federal appeals court has ruled.

9th Circuit dissenters take aim at state-created danger doctrine

The 9th U.S. Circuit Court of Appeals at San Francisco should narrow the state-created danger doctrine, according to four judges who dissented when the appeals court refused to grant an en banc rehearing in a lawsuit over a mother’s drowning of her 10-month-old twins.

Why Trump could be charged with a civil rights violation in Jan. 6 investigation

A possible charge in the special counsel’s investigation of former President Donald Trump is a violation of a civil rights statute that has been used in the past to prosecute vote fraud.

6th Circuit panel believes law banning transgender care for minors is likely constitutional

A federal appeals court on Saturday allowed Tennessee to enforce a law that bans gender-affirming surgeries, puberty blockers and hormones for transgender minors. But the appeals court acknowledged “we may be wrong” and expedited the appeal.

Weekly Briefs: Decision overturning skirts-only rule survives; ‘Hurricane Carter’ judge dies

SCOTUS lets stand decision overturning skirts-only rule

The U.S. Supreme Court on Monday let stand a federal appellate decision holding that a public charter school in North Carolina violated…

Justice Ketanji Brown Jackson makes her mark during first term on the Supreme Court

Justice Ketanji Brown Jackson “has hit the ground running,” says Ralph Richard Banks, a professor at Stanford Law School and faculty director of the Stanford Center for Racial Justice. “She seems to have already found her voice, both literally in oral arguments and in her opinions.”

Read more ...