Fifth Amendment

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a former senior policy adviser in the Trump White House, has declared victory after two federal judges in Illinois rescinded polices promoting what the group calls “oral-argument affirmative action.”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

9th Circuit allows challenge to law banning abortions based on genetic abnormality

A federal appeals court ruled Monday that two reproductive health doctors have standing to challenge an abortion law that bans abortions conducted solely because of a genetic abnormality of a fetus.

Nov 1, 2023 8:52 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

So you were convicted of killing someone who’s still alive—now what?

Many installments of this column have focused on true-crime documentaries examining murder convictions and the legal process and “evidence” that led to them. While those series or stand-alone shows are undoubtedly intriguing, we always seem to be left with the same conclusion: Even if the defendant didn’t kill the person, the person is still dead. But what if we were presented with a situation in which someone was convicted for the murder of a person who was subsequently found alive and well?

Sep 6, 2023 9:42 AM CDT

Federal judge who said defendant ‘looks like a criminal’ can’t preside in new trial, 6th Circuit says

A federal appeals court has overturned a Michigan defendant’s drug convictions after a Detroit federal judge presiding in the case said the accused man “looks like a criminal to me.”

Aug 7, 2023 12:30 PM CDT

Why Trump could be charged with a civil rights violation in Jan. 6 investigation

A possible charge in the special counsel’s investigation of former President Donald Trump is a violation of a civil rights statute that has been used in the past to prosecute vote fraud.

Jul 20, 2023 9:52 AM CDT