ABA Journal Logo

ABA Journal

  1. Home
  2. Topics
  3. Fifth Amendment

Fifth Amendment

91 ABA Journal Fifth Amendment articles.

Executive orders against firms threaten rule of law, Susman Godfrey says in suit against Trump administration

Updated: Susman Godfrey has alleged in a lawsuit filed Friday that President Donald Trump’s campaign of executive orders targeting the law firm and other well-known firms is an unconstitutional threat to the rule of law.

Apr 14, 2025 12:39 PM CDT

House committee drops information request about law clinics amid ‘ongoing negotiations’ with Northwestern

The U.S. House of Representatives' Committee on Education and Workforce has withdrawn its request for information on law clinics at the Northwestern University Pritzker School of Law, citing "ongoing negotiations" with the university and an intent to pursue "other means of inquiry."

Apr 14, 2025 10:59 AM CDT

Trump administration can, for now, enforce orders targeting DEI, appeals court says

A federal appeals court said Friday the Trump administration can, for now, enforce two executive orders that target diversity, equity and inclusion efforts within the federal government.

Mar 17, 2025 12:07 PM CDT

Trump order targeting Perkins Coie is ‘affront to the Constitution,’ suit says; judge sees ‘chilling harm of blizzard proportions’

Updated: Perkins Coie has won a temporary restraining order in a lawsuit filed against the Trump administration over a directive targeting the law firm and its clients.

Mar 13, 2025 9:56 AM CDT

Honesty in jury pool examined in ‘Juror #2’

I’ve tried dozens of cases in my career. As with anything else, the more you look at something, the more pronounced the cracks and deficiencies become. Interestingly, Clint Eastwood’s supposed directorial goodbye, Juror #2, does a great job of focusing on one of those deficiencies, namely juror honesty and how it affects the rule of law.

Jan 28, 2025 10:31 AM CST

Are police responsible for damaging home to oust suspect? Sotomayor and Gorsuch see important issue

The U.S. Supreme Court on Monday refused to decide whether police must compensate a Texas homeowner for damages to property incurred while officers tried to oust a kidnapping suspect from a home that he entered while on the run.

Nov 26, 2024 12:39 PM CST

Landlords can pursue takings suit stemming from COVID-19 eviction moratorium, Federal Circuit rules

Landlords may pursue a lawsuit alleging that the federal government violated the Fifth Amendment’s takings clause when it imposed a moratorium on evictions, according to a federal appeals court.

Aug 13, 2024 8:49 AM CDT

Relying on ‘secret evidence’ to deny visa for spouse violates due process, ABA says in SCOTUS amicus brief

The U.S. Supreme Court should rule that the government can’t deny visas for noncitizen spouses of U.S. citizens without explaining the reason and disclosing the evidence that was the basis for the decision, the ABA has said in an amicus brief.

Apr 1, 2024 1:08 PM CDT

DNA issues ‘cast a pall’ over murder conviction, warranting SCOTUS review, ABA amicus brief says

The U.S. Supreme Court should once again consider the case of a Texas death row inmate whose conviction was based on DNA evidence tested by a lab that “consistently and egregiously mishandled DNA evidence,” the ABA has said in an amicus brief.

Mar 28, 2024 9:02 AM CDT

Federal judges end ‘oral-argument affirmative action,’ leading Stephen Miller group to declare victory

A legal group founded by Stephen Miller, a former senior policy adviser in the Trump White House, has declared victory after two federal judges in Illinois rescinded polices promoting what the group calls “oral-argument affirmative action.”

Mar 25, 2024 3:02 PM CDT

Judge tells US it’s not his job to search for better evidence as he strikes down minority business program

A federal judge in Texas appeared exasperated with government lawyers when he ruled that the U.S. Department of Commerce’s Minority Business Development Agency unconstitutionally denies benefits based on race.

Mar 7, 2024 3:17 PM CST

Defendant acquitted by reason of insanity can’t be retried, despite inconsistency, SCOTUS rules in Jackson opinion

The U.S. Supreme Court has unanimously ruled that Georgia can’t retry a defendant who was found not guilty of malice murder by reason of insanity, even though the verdict was inconsistent with jury findings on other charges.

Feb 21, 2024 3:13 PM CST

Federal judge refuses to order reinstatement of 96-year-old federal appeals judge, her second loss in a week

A federal judge in Washington, D.C., has refused to order reinstatement to new case assignments for a 96-year-old federal appeals judge who claims that the laws governing judicial disability are unconstitutional.

Feb 12, 2024 3:56 PM CST

Federal judges wrongly engaged in ‘oral-argument affirmative action,’ group’s misconduct complaint says

The conservative legal group America First Legal has filed a misconduct complaint against three federal judges in Illinois who issued orders intended to encourage “newer, female and minority attorneys” to argue motions.

Jan 29, 2024 3:15 PM CST

Suspect has Fifth Amendment right to refuse police demand to disclose cellphone passcode, top state court rules

A suspect had a Fifth Amendment right to refuse to give police his cellphone passcode, the Utah Supreme Court has ruled. In an opinion citing that right, the court reversed the conviction of a man for kidnapping and assaulting his ex-girlfriend.

Dec 19, 2023 9:26 AM CST

Read more ...

Topics: Career & Practice

'It's Time for You to Leave': More immigration lawyers get notices to self-deport

Complete list of topics ...

Your Voice

Hit your stride and strive without strife

Articles and commentary ...

Podcasts

'Secrets of the Killing State' exposes realities of lethal injection

More podcasts ...
Copyright 2025 American Bar Association. All rights reserved.