Fifth Amendment

32 ABA Journal Fifth Amendment articles.

SCOTUS will decide whether allowing union access to property is unconstitutional taking
The U.S. Supreme Court on Friday agreed to decide whether allowing union organizers to access private property for part of the year amounts to a physical taking of property that violates the Fifth Amendment.
ABA asks Trump for delays in 3 executions, including case in which the lawyers have COVID-19
The ABA has asked President Donald Trump to delay three federal executions amid “a startling surge” in cases of COVID-19, including a case in which the lawyers are sickened by the virus.
Afternoon Briefs: FBI lawyer accused of changing email; trial during pandemic surprisingly normal

FBI lawyer accused of altering email in Russia probe

An information filed Friday accuses FBI lawyer Kevin Clinesmith of changing an email used in 2017 to justify continued surveillance

State supreme court rules for property owner who lost home over $8 tax debt
The Michigan Supreme Court ruled Friday that the takings clause in the state constitution prevents counties from selling homes for unpaid tax debts and keeping all surplus proceeds.
Oregon sues US agencies over protest arrests; what gave feds authority to intervene?
Oregon Attorney General Ellen Rosenblum alleged in a lawsuit Friday that federal agencies dispatched to Portland, Oregon, demonstrations are violating protesters’ constitutional rights.
SCOTUS upholds limits on habeas review for some asylum-seekers
The U.S. Supreme Court has upheld restrictions on habeas review as applied to an asylum-seeker who was subject to a quick deportation process.
Federal judge rules Florida can’t require payment of fees before ex-felons can vote
A federal judge ruled Sunday that it is unconstitutional in some circumstances for Florida to require felons who have completed their sentences to pay legal financial obligations before being allowed to vote.
Law firm told to reduce on-site employees sues for alleged ‘disturbing and gross abuse’ of power
A law firm that continued limited operation during the COVID-19 pandemic sued New York’s governor and attorney general this week after receiving a cease-and-desist letter telling it to reduce on-site employees.
SCOTUS refuses to block Pennsylvania order shutting down most businesses
The U.S. Supreme Court has refused to block enforcement of a Pennsylvania executive order that shuts down businesses if they are not “life-sustaining.”
AG Barr says Justice Department may support lawsuits if states go too far in COVID-19 constraints
U.S. Attorney General William Barr said Tuesday the Department of Justice will consider supporting lawsuits when states go too far in restricting commerce and civil liberties in the fight against COVID-19.
Closure orders spark lawsuits from NRA, anti-abortion protesters and others
Across the nation, business owners, the National Rifle Association, would-be churchgoers and anti-abortion protesters are among the plaintiffs suing over state shutdown orders.
Can jails return inmate cash in the form of fee-laden debit cards? 9th Circuit allows suit
A federal appeals court has revived a lawsuit by a jailed protester in Oregon who turned over nearly $31 to her jailers and was repaid upon release with a fee-laden debit card.
Lawsuits over coronavirus quarantines are unlikely to succeed, experts say

Lawsuits challenging COVID-19 quarantines and restrictions on public gatherings may be doomed to failure. Experts said the government has broad powers to handle a public health crisis.

Supreme Court bars damages suit for border agent’s cross-border shooting that killed Mexican teen
The U.S. Supreme Court ruled Tuesday that the family of a Mexican teen fatally shot by a U.S. Border Patrol agent can’t sue for damages over the cross-border shooting.
Afternoon Briefs: Texas university leader leaves without blame for law school scandal; judge sides with immigrants

Texas Southern University president leaves school with no blame for alleged law school misconduct

Texas Southern University is parting ways with its president without any claims of wrongdoing, which is…

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