Constitutional Law

7837 ABA Journal Constitutional Law articles.

Can being forced to listen to ‘Baby Shark’ be considered cruel and unusual punishment?

I can’t pinpoint exactly what makes the song so intolerable after repeated listens. All I know is I’m not alone. Other adults have realized “Baby Shark” can be weaponized, and they are using it to their advantage.

Ban on therapy to change sexual orientation in minors violates First Amendment, 11th Circuit rules
A federal appeals court on Friday blocked two ordinances on First Amendment grounds in Florida that ban licensed therapists from providing “conversion therapy” to minors.
SCOTUS will consider constitutionality of home search during gun owner’s hospital visit
The U.S. Supreme Court on Friday agreed to decide whether a police search of a gun owner’s home while he was in the hospital for a suicide evaluation was justified under an exception to the Fourth Amendment.
Trump campaign appeals after federal judge tosses suit, calls one claim ‘Frankenstein’s monster’
The Trump campaign on Sunday filed a notice of appeal after a federal judge tossed its lawsuit challenging Pennsylvania’s differing approaches to errors on mail-in ballots.
2 justices dissent over Supreme Court’s refusal to restore COVID-19 safety steps at ‘tinderbox’ prison
The U.S. Supreme Court on Monday denied a request by two older inmates at a Texas geriatric prison to reinstate a judge’s order requiring COVID-19 safety measures.
Supreme Court puts off action on Trump-related cases; is it waiting for the clock to run out?

The U.S. Supreme Court does not appear to be in a rush to decide legal matters related to President Donald Trump. It’s possible the Supreme Court is “allowing the clock to run out,” according to one news organization.

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.
3rd Circuit won’t interfere with Pennsylvania ballot count, while Trump campaign trims another suit
A lawsuit challenging late-arriving ballots in Pennsylvania suffered a defeat in a federal appeals court Friday, while a different Pennsylvania lawsuit was trimmed so much that it might no longer have the potential of affecting election results.
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.
Alito: COVID-19 restrictions highlight disturbing trend of ‘lawmaking by executive fiat’
In a Federalist Society speech on Thursday, Justice Samuel A. Alito Jr. said COVID-19 restrictions on public gatherings and worship services highlight a disturbing trend of "lawmaking by executive fiat."
Kavanaugh, Roberts appear ready to join with liberal justices to uphold most of Affordable Care Act
A U.S. Supreme Court majority appeared ready to uphold most of the Affordable Care Act in oral arguments Tuesday.
Barrett asks about precedent in case involving LGBTQ discrimination and religious rights
U.S. Supreme Court Justice Amy Coney Barrett asked questions that appeared to favor both sides during oral arguments Wednesday in a case involving LGBTQ discrimination and religious liberty.
Afternoon Briefs: Texas courts allow count of drive-thru votes; 8th Circuit questions extended ballot deadline

Drive-thru votes can be counted in Texas, 2 courts say

The Texas Supreme Court and a federal judge in Houston have refused to stop the counting of nearly 127,000 votes…

Inmate is entitled to sue over claim his cell had ‘massive amounts’ of feces, SCOTUS rules
Prison officials don’t have qualified immunity from a lawsuit by an inmate who claims that he was held in a cell covered in “massive amounts” of feces, the U.S. Supreme Court ruled Monday in a per curiam opinion.
Can Black Lives Matter protest organizer be liable for officer’s injury? Supreme Court vacates ruling for cop
The U.S. Supreme Court on Monday vacated a decision allowing a Louisiana police officer to sue the organizer of a Black Lives Matter protest for a serious injury caused when a different protester threw a heavy object.

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