Constitutional Law

7600 ABA Journal Constitutional Law articles.

Can jails return inmate cash in the form of fee-laden debit cards? 9th Circuit allows suit
A federal appeals court has revived a lawsuit by a jailed protester in Oregon who turned over nearly $31 to her jailers and was repaid upon release with a fee-laden debit card.
Texas and Ohio AGs say abortions are nonessential medical procedures that must be delayed
Updated: Two state attorneys general have told abortion providers that abortions cannot be performed under state orders to delay nonessential and elective surgeries.
SCOTUS rules states have immunity from copyright suits in case involving Blackbeard’s ship

The U.S. Supreme Court ruled Monday that states have sovereign immunity from lawsuits alleging copyright infringement.

Congress did not have the authority to eliminate that immunity when it passed the…

Traditional insanity defense isn’t constitutionally required, SCOTUS rules
The U.S. Supreme Court ruled on Monday that the due process clause doesn’t require states to offer a traditional insanity defense based on a defendant’s inability to distinguish right from wrong.
PBS series ‘A More or Less Perfect Union’ focuses on the Constitution
Lawsuits over coronavirus quarantines are unlikely to succeed, experts say

Lawsuits challenging COVID-19 quarantines and restrictions on public gatherings may be doomed to failure. Experts said the government has broad powers to handle a public health crisis.

Afternoon Briefs: Mueller indictment of Russian firms tossed; ex-juvenile delinquent now a lawyer

Judge tosses indictment of Russian firms at prosecutors’ request

U.S. District Judge Dabney Friedrich granted prosecutors’ request Monday to toss an indictment against two Russian companies accused of…

Afternoon Briefs: McGahn case to be heard by full DC Circuit; judge blocks food-stamp rule

Full DC Circuit to hear cases on McGahn subpoena, border wall

The U.S. Court of Appeals for the District of Columbia Circuit has granted en banc review of two cases…

Federal judge calls Chief Justice Roberts ‘masterpiece of disingenuousness’ in law review article
A federal judge appointed by President Bill Clinton is criticizing the U.S. Supreme Court’s conservative majority for “undermining American democracy” by weakening the Voting Rights Act, failing to rein in partisan gerrymandering, and increasing the economic and political power of corporations.
Grand jury secrets in Mueller report should be turned over to House, DC Circuit rules

A federal appeals court ruled Tuesday that the House Judiciary Committee is entitled to see grand jury materials referenced in the report by former special counsel Robert Mueller.

The U.S.…

Afternoon Briefs: SCOTUS splits over immigrant’s fight against ID theft conviction; first black justice on top Illinois court dies

SCOTUS splits over undocumented immigrant’s fight against state identify theft conviction

The U.S. Supreme Court ruled 5-4 on Tuesday against Ramiro Garcia, an unauthorized immigrant in Kansas who was convicted…

Internal candidate is selected to lead the ABA’s legal ed section
William Adams, the deputy managing director of the ABA's Section of Legal Education and Admissions to the Bar, will replace Barry Currier as the organization's managing director of accreditation and legal education, starting April 6. Currier announced in summer 2019 that he would be stepping down from the position.
Afternoon Briefs: LGBTQ students sue for sex ed equality; judge’s law license is suspended 5 times

South Carolina LGBTQ students fight for equality in sexual education

Eli Bundy, a 15-year-old sophomore at Charleston County School of the Arts in South Carolina, is the leader of the…

SCOTUS agrees to review ruling that struck down Affordable Care Act
The U.S. Supreme Court has agreed to consider the constitutionality of the Affordable Care Act’s individual mandate.
ABA urges top state court to consider death penalty policy, constitutional challenges in drug records case
The ABA filed an amicus brief with the Idaho Supreme Court on Friday that urges justices to consider the association’s position on issues related to public records about the lethal injection drugs used in death penalty cases.

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