ABA Journal

Fourteenth Amendment

169 ABA Journal Fourteenth Amendment articles.

6th Circuit rules against county that seized homes for unpaid taxes, didn’t refund the surplus value

A county in Michigan violated the takings clause when it seized title to homes to satisfy tax debts without giving the owners compensation for their homes’ value above the amount owed, a federal appeals court has ruled.

DOJ report explains why jailhouse informant program violated defendants’ constitutional rights

A jailhouse informant program in Orange County, California, violated the constitutional rights of criminal defendants because of jailers’ involvement, according to a long-awaited report by the U.S. Department of Justice.

Justice Jackson, other liberal SCOTUS justices appeared determined ‘to go down swinging’ in voting-maps case

U.S. Supreme Court Justice Elena Kagan called a challenge to Alabama’s congressional voting maps a “slam dunk” during oral arguments Tuesday, even as the conservative justices on the high court appeared to be searching for a narrow way to uphold them.

Strip search by transgender guard violated inmate’s religious rights, 7th Circuit says

A federal appeals court ruled Friday for a Muslim inmate in Wisconsin who claimed that his religious rights were violated by strip searches conducted by a transgender prison guard.

Suit filed on behalf of migrants flown to Martha’s Vineyard alleges these constitutional, legal violations

A class action lawsuit filed Tuesday on behalf of at least 50 asylum-seekers alleges that their flight from Texas to Martha’s Vineyard in Massachusetts violated constitutional protections, federal statutes and tort law.

Top Idaho court strikes down grandparent visitation law that is based on best interest of child

The Idaho Supreme Court has struck down a state law that allows grandparents and great-grandparents to be granted visitation over the objection of fit parents—if it is in the best interest of the child.

Weekly Briefs: ABA supports marriage equality law; Stanford offers new model for legal ed loans

ABA president calls on Senate to support Respect for Marriage Act

ABA President Deborah Enix-Ross is calling on members of the U.S. Senate to vote for the Respect for Marriage…

Ban on gender-affirming procedures for transgender youths is sex discrimination, 8th Circuit says

A federal appeals court has upheld an injunction blocking Arkansas’ ban on “gender transition procedures” for youths younger than age 18.

Mississippi scrubbed racial taint from its constitutional ban on voting by some felons, 5th Circuit rules

The lifetime ban on voting for some felons in Mississippi’s 1890 constitution no longer has a racist taint following later changes that added additional crimes to the list, the 5th U.S. Circuit Court of Appeals at New Orleans has concluded.

Defendants waiting too long for public defenders are entitled to dismissal of charges, suit says

Eight Wisconsin plaintiffs who have waited weeks or even months for appointed lawyers have filed a class action lawsuit claiming a violation of their right to counsel under the federal and state constitutions.

Disability law protects people with gender dysphoria, 4th Circuit rules

A federal appeals court ruled Tuesday that the Americans with Disabilities Act protects people with gender dysphoria, which describes the condition in which a person experiences distress because of a conflict between their biological sex and their gender identity.

2 top state courts issue conflicting rulings over abortion restrictions

The Montana Supreme Court on Aug. 9 upheld a lower court decision that temporarily blocked three separate laws that restrict abortion. Meanwhile, the Idaho Supreme Court declined to stop a near-total abortion ban Friday.

Mom is charged with aiding daughter’s illegal abortion after prosecution obtains Facebook messages

A Nebraska woman has been charged with performing or attempting an illegal abortion after prosecutors obtained Facebook messages indicating that she had obtained abortion pills for her daughter and then helped bury the fetus.

Could Trump be banned from office if he’s convicted of taking government documents?

Former President Donald Trump wouldn’t necessarily be disqualified from office if he was convicted of taking government documents, despite a statute that says so, several legal experts say.

ABA amicus brief asks Supreme Court to uphold use of race-conscious admissions policies

The U.S. Supreme Court should uphold Grutter v. Bollinger, its decision from 2003 that allowed colleges and universities to use race as one factor in admissions decisions, the ABA said in an amicus brief filed Monday.

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