ABA Journal

Fifth Amendment

57 ABA Journal Fifth Amendment articles.

NRA’s lawsuit claims over closed gun stores are moot, 2nd Circuit rules

A federal appeals court has ruled that the National Rifle Association can’t obtain an injunction or damages for its members in a lawsuit over the closing of New York gun stores during the COVID-19 pandemic.

Supreme Court will decide whether innkeeper can sue border agent for First Amendment damages

The U.S. Supreme Court agreed Friday to decide whether the owner of a bed and breakfast establishment called the Smugglers Inn can sue a border patrol agent for damages under the First and Fourth Amendments.

Tree ordinance was an unconstitutional taking, 6th Circuit rules

A Michigan township’s ordinance requiring property owners to replace trees that they remove from their property or pay into a tree fund was an unconstitutional condition on their rights under the takings clause, a federal appeals court has ruled.

Lawyer accused of drawing gun in social distancing tiff should get 9-month suspension, hearing board says

A Vermont lawyer accused of trying to knock down a social distancing sign and pulling out a gun should be suspended from law practice for nine months, according to the Vermont Professional Responsibility Board.

Denying disability benefits to Puerto Rico residents violates equal protection rights, ABA amicus brief says

The ABA filed an amicus brief with the U.S. Supreme Court on Tuesday arguing that denying disability benefits to residents of Puerto Rico violates the equal protection clause.

Judge permits prosecutors to use facial recognition to open accused Capitol rioter’s laptop

A federal judge in Washington, D.C., on Wednesday granted a Department of Justice request to place an accused U.S. Capitol rioter in front of his laptop to unlock the device with facial recognition.

Bill Cosby’s sexual assault conviction is overturned because of initial district attorney’s decision

Actor and comedian Bill Cosby was freed from prison after the Pennsylvania Supreme Court overturned his sexual assault conviction Wednesday.

SCOTUS lets stand victory by transgender man Gavin Grimm, former student who sued over bathroom policy

The U.S. Supreme Court has let stand a ruling that a Virginia school board violated the constitutional rights of Gavin Grimm, a transgender man and a former high school student, when it barred him from using the bathroom that matched his gender identity.

Property rights group notches another SCOTUS victory in ruling against agricultural unions

A California regulation allowing union organizers to access private property of employers is a physical taking requiring just compensation, the U.S. Supreme Court ruled in a 6-3 decision Wednesday.

Supreme Court won’t hear challenge to male-only draft; Kavanaugh joins 2 liberal justices in statement on denial

The U.S. Supreme Court on Monday turned down a constitutional challenge to the male-only draft that was argued before a federal appeals court by a men’s rights lawyer who was shot and killed outside his home in July 2020.

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.

Read more ...