ABA Journal

Constitutional Law

7980 ABA Journal Constitutional Law articles.

Supreme Court rules for Catholic foster agency that refuses to place children with same-sex couples

The U.S. Supreme Court ruled Thursday that Philadelphia violated the free exercise clause when it refused to contract with a Catholic foster care agency that refuses to place children with same-sex couples.

Pro se defendant’s grandiose remarks not disqualifying, 4th Circuit says; some trial lawyers are ‘outright narcissists’

A defendant who made grandiose statements while defending himself was of the same ilk of many great trial lawyers who are somewhat full of themselves, a federal appeals court concluded in upholding his conviction.

DOJ seeks reinstatement of death penalty for Boston Marathon bomber

The U.S. Department of Justice is backing reinstatement of the death sentence for the Boston Marathon bomber in a brief filed Monday with the U.S. Supreme Court.

Forfeiture of convicted drug dealer’s Land Rover was an excessive fine, state supreme court rules

The Indiana Supreme Court has ruled that a convicted drug dealer who challenged the forfeiture of his Land Rover before the U.S. Supreme Court should get his vehicle back.

Florida resident loses First Amendment appeal in suit over rejection of his mansion plans

A federal appeals court has rejected constitutional claims by a Florida resident who sued when a town rejected his plans for a new beachfront mansion that would be dissimilar to nearby homes.

DOJ says it can defend religious exemption that allows LGBTQ discrimination in education

The U.S. Department of Justice is opposing an attempt by Christian colleges to intervene in a lawsuit by asserting that it can defend a religious exemption that allows the schools to discriminate against LGBTQ students.

ACLU is split by internal debate over First Amendment support for hate speech

The American Civil Liberties Union, long known for its support of the First Amendment, is dealing with internal dissension over defense of hate speech.

Afternoon Briefs: Judge compares AR-15 to Swiss Army knife; suit claims GC wasn’t rehired because of long-haul COVID-19

Federal judge strikes down ban on assault weapons

Citing the Second Amendment, U.S. District Judge Roger Benitez of the Southern District of California struck down California’s ban on assault weapons…

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.

Chemerinsky: Precedent seems to matter little in the Roberts Court

How much weight does the Roberts Court give to precedent? This is the crucial underlying question now that the U.S. Supreme Court has granted review in Dobbs v. Jackson Women’s Health Organization, which puts the fate of Roe v. Wade before the justices. The case concerns a Mississippi law that prohibits abortions after the 15th week of pregnancy.

Stanford lifts graduation hold on law student who made satirical flyer for fake Federalist Society event

Third-year Stanford Law School student Nicholas Wallace was informed on the last day of classes that the school was placing a hold on his degree as it investigated a complaint about his satirical flyer promoting a fake insurrection event sponsored by the Federalist Society.

US can’t consider race or sex in distributing pandemic funds to restaurants, 6th Circuit says

The U.S. Small Business Administration gave an unconstitutional preference to minority- and women-owned restaurants in allocating COVID-19 relief funds, a federal appeals court ruled last week.

Afternoon Briefs: BigLaw firm requires tests for unvaccinated; Florida will fine social media for candidate bans

BigLaw firm requires COVID-19 tests for unvaccinated

Lawyers and staff members at Skadden, Arps, Slate, Meagher & Flom who don’t get vaccines will have to test negative for COVID-19 within…

Afternoon Briefs: Judge rules against courtroom prayer program; public comment sought on student loans

Judge rules against courtroom prayer program

A federal judge in Texas has ruled against a Texas justice of the peace in a suit claiming that he violated the establishment clause…

Divided federal appeals court affirms ruling against former state justice regarding juror’s Twitter use

An en banc federal appeals court split 6-6 Thursday in an appeal by a former West Virginia Supreme Court justice who was seeking a hearing on a juror’s Twitter use during his fraud trial.

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