ABA Journal

Constitutional Law

8245 ABA Journal Constitutional Law articles.

Federal judge blocks school from disciplining teacher if she outs transgender students to their parents

A federal judge in Kansas City, Kansas, has temporarily blocked a school district from disciplining a teacher who had religious objections to a policy that prevented her from outing transgender students to their parents.

Judge’s COVID-19 protocols violated defendant’s right to a public trial, 9th Circuit rules

A federal appeals court ruled Monday that a defendant’s Sixth Amendment right to a public trial was violated when a trial judge allowed an audio stream but not video access to the proceedings.

Supreme Court sides with Ted Cruz in challenge to a campaign finance restriction

Weekly Briefs: Judge lifts Trump sanction, for now; $997M settlement offered in condo collapse

Judge willing to accept $110K, cooperation to end Trump sanction

A trial-level judge in New York lifted a $10,000 daily civil contempt sanction against former President Donald Trump on…

Alito sidesteps question about collegiality during remote appearance at law school

U.S. Supreme Court Justice Samuel Alito, author of the leaked draft opinion overturning Roe v. Wade, managed to evade a question about Supreme Court collegiality during a remote law school appearance Thursday.

Texas law banning censoring of social media users for viewpoints can take effect, 5th Circuit says

A federal appeals court has allowed a Texas law to take effect that prohibits larger social media platforms from censoring users based on their political views.

People younger than age 21 have Second Amendment right to buy semi-automatic rifles, appeals court says

California’s ban on the purchase of semi-automatic rifles by most people younger than age 21 violates their Second Amendment rights, a federal appeals court has ruled.

Technical problems during remote trial violated parent’s due process rights, top state court says

The Massachusetts Supreme Judicial Court has ordered a new trial for a mother whose faulty cellphone service caused her to miss much of remote proceeding to terminate her parental rights.

Bid to block Rep. Marjorie Taylor Greene from ballot fails after state judge rules in her favor

An administrative law judge in Georgia ruled Friday that there is insufficient evidence to show that Republican U.S. Rep. Marjorie Taylor Greene of Georgia engaged in insurrection, dealing a defeat to challengers who claimed that the U.S. Constitution banned her reelection.

Top Rhode Island court upholds abortion-rights law; other legal fights expected if Roe is overturned

The Rhode Island Supreme Court on Wednesday upheld dismissal of a lawsuit challenging the state law guaranteeing a right to abortion before viability.

The court ruled the plaintiffs who challenged…

Rare but not unprecedented Supreme Court leak considered ‘staggering’

The leak of a draft majority opinion in a pending case is “staggering,” says law professor Jonathan Peters. “It’s the most significant leak in the Supreme Court’s history, not only because of the draft’s release but also because of the current political moment (charged as it is) and the personal and social consequences of the decision itself.”

Is Alito right about the ‘unbroken tradition of prohibiting abortion’? Scholars disagree on the history

U.S. Supreme Court Justice Samuel Alito’s draft abortion opinion that would overturn Roe v. Wade says the 1973 decision “either ignored or misstated” the history of abortion laws.

Legal experts fear loss of abortion right could usher in end of same-sex marriage, other rights

In the two days since Politico published a draft U.S. Supreme Court opinion that seems to strike down Roe v. Wade, several legal experts have expressed concerns that the same reasoning that eliminates the right to abortion could also put other constitutional rights at risk.

First Amendment doesn’t protect fired police officers who criticized department changes, 6th Circuit rules

The First Amendment does not protect two Tennessee police officers who were fired for objecting to changes in their department, an appeals court has ruled.

Appeals court sides with judge who muted man during remote sentencing

A federal appeals court ruled Monday that a Missouri man’s rights were not violated when a judge muted him twice during his remote sentencing.

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