ABA Journal

Constitutional Law

8395 ABA Journal Constitutional Law articles.

Watch out for these ethical constraints and pitfalls when speaking with the media

Most attorney speech about cases and the judicial system qualifies as political speech, which represents the core values behind the First Amendment. But attorneys are officers of the court, and their speech rights are limited in comparison with those of others.

Supreme Court ready to tackle free speech, affirmative action and election law in new term

The U.S. Supreme Court—and those in its orbit—has been going through the usual machinations leading up to a new term in recent weeks: Panels of law professors and practitioners are previewing the big cases of the new term, and a few justices are making public appearances to send one message or another.

Chemerinsky: Supreme Court poised to sharply advance the law to the right

Last year’s term was momentous: The court overruled Roe v. Wade, greatly expanded gun rights and aggressively protected free exercise of religion. There is no doubt that the coming term, too, will be filled with blockbuster decisions.

Texas attorney general avoids subpoenas with court ruling, alleged dodge of process server

Republican Texas Attorney General Ken Paxton fled a process server Monday and then avoided subpoenas Tuesday, when a Texas judge ruled that he didn’t have to testify in an abortion-related lawsuit.

Lawyer who says student-loan forgiveness leaves him worse off sues to block program

Updated: An Indiana lawyer who will have part of his student debt forgiven through the Public Service Loan Forgiveness Program has filed a lawsuit challenging student-debt cancellation by the Biden administration.

California’s ban on private immigration detention facilities violates supremacy clause, 9th Circuit rules

An en banc federal appeals court ruled Monday that California’s ban on private detention facilities is unconstitutional when applied to facilities used to detain immigrants.

Court can’t compel examination of juror’s electronic devices to look for misconduct, 6th Circuit rules

A federal appeals court has ruled that a district court has no power to order an examination of a juror’s electronic devices to determine whether an outside influence affected the verdict.

Breyer feared waiting to retire from Supreme Court could result in nominee gridlock

Retired U.S. Supreme Court Justice Stephen Breyer decided to step down while Democrats controlled the U.S. Senate because he didn’t want to stay on the bench for years in the event that Republicans took over and blocked a replacement nominee.

Weekly Briefs: Bias suit against Trump lawyer resolved; Montana no longer defies court order over birth certificates

Trump lawyer resolves rap-music bias suit

Alina Habba, a lawyer for former President Donald Trump, has resolved a race- and gender-bias lawsuit largely based on the rap music that she…

Strip search by transgender guard violated inmate’s religious rights, 7th Circuit says

A federal appeals court ruled Friday for a Muslim inmate in Wisconsin who claimed that his religious rights were violated by strip searches conducted by a transgender prison guard.

Suit filed on behalf of migrants flown to Martha’s Vineyard alleges these constitutional, legal violations

A class action lawsuit filed Tuesday on behalf of at least 50 asylum-seekers alleges that their flight from Texas to Martha’s Vineyard in Massachusetts violated constitutional protections, federal statutes and tort law.

Top Idaho court strikes down grandparent visitation law that is based on best interest of child

The Idaho Supreme Court has struck down a state law that allows grandparents and great-grandparents to be granted visitation over the objection of fit parents—if it is in the best interest of the child.

Texas may enforce law banning social media from blocking users based on viewpoints, 5th Circuit says

A federal appeals court on Friday allowed Texas to enforce a law that generally bans large social media companies from restricting posts based on the viewpoint of the speaker.

Weekly Briefs: ABA supports marriage equality law; Stanford offers new model for legal ed loans

ABA president calls on Senate to support Respect for Marriage Act

ABA President Deborah Enix-Ross is calling on members of the U.S. Senate to vote for the Respect for Marriage…

Supreme Court requires Yeshiva University to recognize LGBTQ student club as state court review continues

The U.S. Supreme Court on Wednesday refused to block a trial judge’s order requiring Yeshiva University to recognize an LGBTQ student club at its undergraduate campus while litigation continues.

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