Fourteenth Amendment

239 ABA Journal Fourteenth Amendment articles.

Law student among plaintiffs challenging state law requiring couples getting married to identify race

A law student at Washington and Lee University who is planning an October wedding is challenging a Virginia law that requires couples getting married to list their race.

Sep 9, 2019 2:33 PM CDT

11 landmark SCOTUS cases that changed American education (gallery)

With school finally back in full swing across the country, it’s a great time for a history lesson in American education. Landmark U.S. Supreme Court cases such as Brown v. Board of Education, Tinker v. Des Moises and the more recent Forest Grove School District v. T.A. have forever changed…

Sep 5, 2019 1:00 PM CDT

Fines-and-fees system that helps fund court budget is unconstitutional, 5th Circuit rules

A federal appeals panel has ruled that a system of criminal fines and fees in the New Orleans criminal court was unconstitutional because the money is used to support a general fund overseen by the court’s judges.

Aug 30, 2019 10:32 AM CDT

7th Circuit allows suit over clogged toilets, unsanitary conditions in 3-day water shutdown at jail

A federal appeals court has ruled for pretrial detainees who allege a sheriff in Lake County, Illinois, skimped on water supplies during a three-day shutoff at the county jail. The Chicago-based 7th U.S. Circuit Court of Appeals said the county sheriff and corrections chief were not protected from the lawsuit…

Aug 13, 2019 4:50 PM CDT

Judge allows class actions over inmate ‘masturbation attacks’ against public defenders and jail workers

A federal judge in Chicago has certified class actions filed on behalf of female assistant public defenders, law clerks, correctional workers and medical employees who claim they were subjected to a hostile work environment as a result of “masturbation attacks” by jail inmates. U.S. District Judge Matthew Kennelly certified the…

Aug 13, 2019 3:24 PM CDT

Handcuffing of second grader didn’t violate his constitutional rights, 8th Circuit says

A 7-year-old elementary school student who was handcuffed by a police officer for 20 minutes can’t sue because there was no violation of his constitutional rights, a federal appeals court has ruled.

Aug 5, 2019 11:31 AM CDT

9th Circuit rules against bikini baristas, rejects their First Amendment empowerment argument

A federal appeals court has ruled against bikini baristas who challenged ordinances in Everett, Washington, that required them to cover up.

Jul 8, 2019 11:32 AM CDT

DOJ replaces lawyers defending citizenship question after flip-flop; law prof suggests this argument

The U.S. Department of Justice announced Sunday that it is replacing its legal team in the court battle over a census citizenship question after President Donald Trump contradicted the lawyers’ in-court assertion that the question would be dropped from the census.

Jul 8, 2019 10:14 AM CDT

ABA supports use of traditional insanity defense in death-row inmate’s petition

In an amicus brief filed with the U.S. Supreme Court on Friday, the ABA said it supports Kansas death-row inmate James Kraig Kahler’s petition to reverse the Kansas Supreme Court decision that rejected the traditional insanity defense in his case. Kahler, who was convicted of killing four family members in…

Jun 10, 2019 12:44 PM CDT

Food truck restrictions, including GPS requirement, can stand, state supreme court rules

A cupcake entrepreneur has lost her constitutional challenge to Chicago’s food truck regulations before the Illinois Supreme Court. The state high court rejected constitutional claims by Laura Pekarik, who operated a food truck called Cupcakes for Courage. Pekarik was represented by the Institute for Justice, according to a press release.…

May 23, 2019 3:51 PM CDT

8th and 10th Circuits split over female topless ban

The 8th U.S. Circuit Court of Appeals at St. Louis has upheld a Springfield, Missouri, ordinance that bans women but not men from exposing their nipples in public. The appeals court affirmed a federal judge’s decision to toss an equal-protection challenge to the ordinance, the Springfield News-Leader reports. How Appealing…

May 8, 2019 7:00 AM CDT

State lawmakers consider right to grow front yard veggies after couple’s court loss

A couple’s appellate loss in their quest to grow a front yard vegetable garden has attracted the attention of Florida lawmakers. The Florida Senate passed a bill in March that would bar counties and municipalities from regulating vegetable gardens on residential properties, report the Miami Herald, Treehugger.com and the Tallahassee…

Apr 16, 2019 8:00 AM CDT

Decision striking down part of sex offender law is ‘the talk of the prison,’ lawyer says

A federal judge in Chicago has found that it is unconstitutional for Illinois to hold sex offenders in prison after their release date when they are so impoverished that they can’t find a place to live that complies with state requirements. U.S. District Judge Virginia Kendall ruled Sunday, WBEZ reports.…

Apr 3, 2019 12:41 PM CDT

Federal judge strikes down skirt requirement for girls at public charter school

A requirement that grade-school girls wear shorts, jumpers or skorts (which look like a skirt but include shortslike fabric underneath) at a public charter school violates the equal protection clause of the 14th Amendment, a federal judge has ruled. Senior U.S. District Judge Malcolm Howard of Greenville, North Carolina, ruled…

Apr 1, 2019 3:12 PM CDT