ABA Journal

Fourteenth Amendment

87 ABA Journal Fourteenth Amendment articles.

Afternoon Briefs: SCOTUS overturns another agency structure; corporate diversity suit allowed

Supreme Court rules FHFA structure is unconstitutional

The U.S. Supreme Court ruled Wednesday that the structure of the Federal Housing Finance Agency is unconstitutional because its director can only be…

Property rights group notches another SCOTUS victory in ruling against agricultural unions

A California regulation allowing union organizers to access private property of employers is a physical taking requiring just compensation, the U.S. Supreme Court ruled in a 6-3 decision Wednesday.

Florida resident loses First Amendment appeal in suit over rejection of his mansion plans

A federal appeals court has rejected constitutional claims by a Florida resident who sued when a town rejected his plans for a new beachfront mansion that would be dissimilar to nearby homes.

Requirement for jury unanimity in serious cases isn’t retroactive, Supreme Court rules

The requirement for unanimous jury verdicts in serious criminal cases doesn’t apply retroactively to overturn final convictions on federal collateral review, the U.S. Supreme Court ruled Monday.

Does First Amendment bar public bodies from censuring members for critical speech? Supreme Court will decide

The U.S. Supreme Court on Monday accepted a First Amendment case involving a college trustee who was censured after criticizing board actions and filing multiple lawsuits against the body.

Evidence of jury racial bias in civil trial requires hearing, 6th Circuit says, citing ‘crackhead’ assumption

A federal trial court must hold a hearing to examine potential jury bias after one woman said jurors considered the Black plaintiff to be "a crackhead" and referred to his lawyers as the "Cosby Show," a federal appeals court has ruled.

Afternoon Briefs: Judge admonished partly for remote hearing impatience; ABA files brief opposing rigid cash bail

Judge admonished for impatience, guilt remark

A California judge has been admonished for a “display of impatience and irritation” and a remark about an acquitted defendant’s guilt. Judge Patrick E.…

‘Cataclysmic’ decision striking down strict liability drug law puts past convictions at risk in this state

Years of convictions could be at risk following a Washington Supreme Court decision that struck down the state’s felony drug possession law.

Chemerinsky: Voting rights cases before SCOTUS could have profound effects on future elections

On Tuesday, the U.S. Supreme Court will hear oral arguments in important cases concerning the meaning of the Voting Rights Act of 1965: Brnovich v. Democratic National Committee and Arizona Republican Party v. Democratic National Committee. The cases involve Section 2 of the act, which prohibits voting practices or procedures that discriminate on the basis of race, color or language.

What can Texas tell us about the rise and fall of the death penalty?

In Let The Lord Sort Them: The Rise and Fall of the Death Penalty, Maurice Chammah shares how Texas became the country’s capital punishment capital.

New York attorney general sues over NYPD’s alleged use of ‘excessive force’ against protesters

New York Attorney General Letitia James filed a lawsuit Thursday alleging that the New York City Police Department used "excessive force" against peaceful racial justice protesters last year.

Could the 14th Amendment be used to disqualify Trump from office?

Impeachment isn’t the only recourse of Congress against President Donald Trump for statements leading up to the Jan. 6 riot at the U.S. Capitol, according to constitutional scholars.

Supreme Court dismisses reapportionment case, says it’s too soon to rule

The U.S. Supreme Court on Friday dismissed a case challenging President Donald Trump’s plan to exclude immigrants in the country illegally from numbers used to determine the number of congressional representatives for each state.

School shooting survivors can’t sue county officials for failing to protect them, 11th Circuit rules

A federal appeals court ruled Friday that 15 survivors of a 2018 mass shooting at the Marjory Stoneman Douglas High School in Parkland, Florida, can’t sue public officials for failing to protect them.

Should immigrants here illegally be excluded from census? SCOTUS justices consider delaying decision

During telephone oral arguments before the U.S. Supreme Court on Monday, the justices appeared skeptical of President Donald Trump’s plan to exclude immigrants in the country illegally from the census count.

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