ABA Journal

Fourteenth Amendment

177 ABA Journal Fourteenth Amendment articles.

State constitution protects right to abortion to protect life of mother, top Oklahoma court rules

Women in Oklahoma have a state constitutional right to an abortion when needed to save their lives, the Oklahoma Supreme Court has ruled.

Selective-prosecution argument in Trump falsified-records case is ‘long shot’ that may still resonate

Former President Donald Trump may argue that any forthcoming indictment in connection with hush-money payments to an adult film actress is a selective prosecution entitling him to dismissal of the charges.

Embryo decision citing slavery law is ‘reprehensible and offensive,’ law prof says

A judge’s decision last month allowing a divorced woman to pursue use of frozen embryos is raising eyebrows because of its reliance on an 1849 law that regarded enslaved people as goods that can be bought and sold.

States don’t have to ‘stand idly by and watch the carnage,’ 11th Circuit says in upholding age restriction on gun sales

Confiscation of man’s ‘Cops Ahead’ signs violated First Amendment rights, appeals court says

A police officer’s confiscation of two signs reading “Cops Ahead” violated the First Amendment rights of the man who was holding them, a federal appeals court has ruled.

Does 13th Amendment protect a right to abortion? Federal judge orders briefing on the scope of Dobbs

A federal judge in Washington, D.C., has asked for briefing on whether the 13th Amendment’s ban on slavery and involuntary servitude—or some other constitutional provision—protects a right to abortion.

ABA supports right to travel for abortion services and other medical care

All government entities should enact laws and regulations that protect the right of any individual to travel across state lines to access medical care, the House of Delegates said at the 2023 ABA Midyear Meeting in New Orleans on Monday.

More than a quarter of Louisiana prisoners have been held past their release dates since 2012, DOJ says

There is reasonable cause to think that Louisiana is violating the constitutional rights of imprisoned people by keeping them in custody past their release dates, the U.S. Department of Justice has concluded.

Is debt limit unconstitutional? Answer is yes, some argue, based on the 14th Amendment’s public debt clause

The possibility that the United States will default on its bills has resurrected arguments that the debt limit is unconstitutional under the 14th Amendment.

11th Circuit upholds school’s ban on transgender students using bathrooms corresponding with gender identity

In a decision that creates a circuit split, a federal appeals court has upheld a Florida school district’s policy that bans transgender students from using bathrooms that correspond with their gender identity.

Justice Jackson uses originalism to undercut ‘conservative juristocracy’

U.S. Supreme Court Justice Ketanji Brown Jackson is the de facto leader of a group embracing “a third wave of progressive originalism,” according to Lawrence Solum, a professor at the University of Virginia School of Law.

Public defender is plaintiff in suit alleging exclusion of felons from Manhattan juries is unconstitutional

A public defender who can’t serve on a New York jury because of a 2009 felony drug conviction is a plaintiff in a lawsuit challenging the state’s ban on jurors with felony convictions as applied in Manhattan, New York City.

Law prof sues over New York law requiring bloggers and websites to address online hate speech

A blogging law professor is a plaintiff in a lawsuit claiming that a New York law pressures bloggers and websites to remove hate speech that is protected by the First Amendment.

Justice Jackson’s second SCOTUS opinion is also a dissent to court’s refusal in death-penalty case

Justice Ketanji Brown Jackson has issued a second U.S. Supreme Court opinion that, like the first, disagrees with the court’s refusal to get involved in a death-penalty case.

Federal judge blocks Florida’s ban on ‘woke’ instruction by public universities

A federal judge in Florida has barred Florida education officials from enforcing provisions in a law that ban advancement of critical race theory by professors at public colleges and universities.

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