Fourteenth Amendment

Evidentiary hearing begins in suit to block Trump from Colorado ballot under 14th Amendment

A weeklong evidentiary hearing begins Monday in Denver to determine whether former President Donald Trump should be banned from the ballot in Colorado for engaging in insurrection.

Oct 30, 2023 10:42 AM CDT

5th Circuit takings ruling that breaks ‘Pottery Barn rule’ will be reviewed by US Supreme Court

The U.S. Supreme Court on Friday agreed to decide whether Texas landowners can sue the state under the takings clause for flooding caused by highway reconstruction. “If there is one basic principle in property law, it’s the Pottery Barn rule: You break it, you buy it,” said Robert McNamara of the Institute for Justice, which is representing the plaintiff.

Oct 2, 2023 9:55 AM CDT

Could construction-permit fees be exempt from takings analysis? Supreme Court to decide

The U.S. Supreme Court has agreed to decide whether a legislatively imposed road-construction fee of more than $23,000, which was required for a building permit, may be an unconstitutional taking.

Sep 29, 2023 2:40 PM CDT

6th Circuit upholds bans on transition treatment for transgender minors

A federal appeals court on Thursday upheld bans on transition treatments for transgender minors. The plaintiffs challenging the laws are not likely to establish violations of the 14th Amendment, Chief Judge Jeffrey Sutton wrote.

Sep 29, 2023 10:20 AM CDT

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.

Sep 5, 2023 10:12 AM CDT

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.

Sep 1, 2023 11:29 AM CDT

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 for TJ, a group of parents and students, filed the petition for writ of certiorari in response to the Fairfax…

Aug 25, 2023 2:09 PM CDT

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.

Aug 23, 2023 9:07 AM CDT

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.

Aug 22, 2023 8:57 AM CDT

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.

Aug 18, 2023 11:40 AM CDT

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.

Aug 17, 2023 2:55 PM CDT

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.

Aug 14, 2023 10:45 AM CDT

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.

Aug 9, 2023 8:41 AM CDT

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.

Aug 8, 2023 8:08 AM CDT

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.

Aug 3, 2023 10:30 AM CDT