ABA Journal

Constitutional Law

8127 ABA Journal Constitutional Law articles.

SCOTUS considers whether public tuition program for private schools can exclude religious ones

The U.S. Supreme Court’s latest case about the Constitution’s religion clauses hails from Maine, where the state has paid tuition to send some students to private schools for more than a century but for the last 40 years has limited the choices to “nonsectarian” schools.

Supreme Court appears ready to uphold ban on abortions after 15 weeks

The six conservative justices on the U.S. Supreme Court appeared ready Wednesday to end the viability dividing line for abortion rights.

En banc 9th Circuit upholds California’s ban on high-capacity gun magazines

California’s ban on high-capacity gun magazines that hold more than 10 rounds of ammunition does not violate the Second Amendment, a federal appeals court has ruled.

Is the right to assemble and demonstrate under threat?

Legislators who are now seeking to restrict protesters say the measures are necessary to establish law and order; provide security; protect businesses; ensure the free flow of highways; and distinguish between peaceful protesters and rioters. But free speech experts warn that the legislative trend against protesting is harmful to fundamental First Amendment freedoms.

Weekly Briefs: New charges against lawyer accused of staging his shooting; Christian florist settles

Suspended lawyer Alex Murdaugh faces new charges

Suspended South Carolina lawyer Alex Murdaugh, previously charged in an alleged scheme to have himself killed for insurance money, is facing 27…

Supreme Court should reverse decision in Texas ineffective counsel case, ABA says

The Texas Court of Criminal Appeals’ consideration of a Texas death row inmate’s case deviated from the U.S. Supreme Court’s prior instruction regarding ineffective assistance of counsel and conflicted with its precedents, the ABA told the Supreme Court on Thursday.

Lawyer facing ‘world of financial claims’ could be jailed for refusing to turn over records in bankruptcy

A lawyer whose firm was forced into bankruptcy after clients complained about more than $8 million missing in escrow funds was held in civil contempt Tuesday for failing to turn over documents.

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.

Officer who shot service dogs not entitled to qualified immunity, 8th Circuit says

A federal appeals court ruled Monday that a Minneapolis police officer was not entitled to qualified immunity in a lawsuit alleging that his shooting of two service dogs violated the constitutional rights of their owners.

Supreme Court grows ‘increasingly hostile’ to inmates seeking to delay executions

The U.S. Supreme Court is growing “increasingly hostile” to arguments made on behalf of death row inmates, according to a Sidebar column in the New York Times.

Law profs seek to overturn New York law requiring their ethics complaints to be secret

Law professors who posted grievances that they filed against 21 prosecutors are challenging a New York law that requires lawyer disciplinary proceedings and related papers to be kept private until discipline is recommended.

2nd Circuit upholds temporary seizure of guns from people taken to mental health facilities

A federal appeals court has upheld a police policy to temporarily seize guns from people transported for a mental health evaluation following a domestic incident.

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.

5th Circuit temporarily stays OSHA’s vaccine mandate for larger employers

The 5th U.S. Circuit Court of Appeals at New Orleans on Saturday granted an emergency motion to stay the federal government’s vaccine mandate for larger employers pending expedited judicial review.

Weekly Briefs: ‘Copyright troll’ lawyer is suspended; law grad who married Japanese princess fails bar

‘Copyright troll’ lawyer is suspended in NY

A New York appeals court has suspended a lawyer once deemed a “copyright troll” because of the large number of

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