Constitutional Law

8500 ABA Journal Constitutional Law articles.

More than a quarter of Louisiana prisoners have been held past their release dates since 2012, DOJ says

There is reasonable cause to think that Louisiana is violating the constitutional rights of imprisoned people by keeping them in custody past their release dates, the U.S. Department of Justice has concluded.

Jan 30, 2023 9:11 AM CST

Is debt limit unconstitutional? Answer is yes, some argue, based on the 14th Amendment’s public debt clause

The possibility that the United States will default on its bills has resurrected arguments that the debt limit is unconstitutional under the 14th Amendment.

Jan 25, 2023 11:57 AM CST

$2.1M IRS civil penalty for unreported Swiss bank account merits SCOTUS review, Gorsuch argues

Justice Neil Gorsuch argued Monday that the U.S. Supreme Court should have agreed to hear the case of a woman who argued that the Internal Revenue Service violated the excessive fines clause when it required her to pay a $2.1 million civil penalty for failing to report a Swiss bank account.

Jan 24, 2023 10:04 AM CST

DeSantis violated Florida Constitution by suspending prosecutor, but federal court can’t act, judge says

A federal judge in Florida has ruled that the 11th Amendment prevents him from ordering the reinstatement of a reform prosecutor suspended by Republican Florida Gov. Ron DeSantis.

Jan 24, 2023 8:54 AM CST

SCOTUS justices were questioned but not implicated in Dobbs leak probe; some are concerned about double standard

Investigators questioned U.S. Supreme Court justices as they probed the leak of a draft opinion overturning the right to abortion, but the justices were not required to sign affidavits, the official who oversaw the probe said Friday.

Jan 23, 2023 10:09 AM CST

Weekly Briefs: SCOTUS sets a record; CUNY law student goes missing

Still no SCOTUS opinions in argued cases

The U.S. Supreme Court has set a record by failing to issue opinions in argued cases this term. Usually, the high court issues…

Jan 20, 2023 3:25 PM CST

Judge sanctions Trump and his lead lawyer nearly $1M for ‘pattern of misuse of the courts’

A federal judge in West Palm Beach, Florida, has sanctioned former President Donald Trump and his lead lawyer nearly $1 million for a lawsuit filed against Hillary Clinton and other defendants claiming “a malicious conspiracy” to spread false information and rig the 2016 presidential election.

Jan 20, 2023 11:25 AM CST

Supreme Court will hear case of convicted stalker to decide mental state needed for ‘true threats’ conviction

The U.S. Supreme Court has agreed to consider what kind of mental state a speaker must have to be convicted for “true threats” that aren’t protected by the First Amendment.

Jan 17, 2023 2:24 PM CST

Can the government seize property for unpaid taxes and keep the surplus after selling it? SCOTUS will decide

The U.S. Supreme Court will consider whether local governments violate the Constitution when they seize property for unpaid taxes, sell it and then fail to return the surplus to the owner.

Jan 17, 2023 12:05 PM CST

Supreme Court considers Title VII accommodation for Christian postal worker who wouldn’t work on Sundays

The U.S. Supreme Court agreed Friday to decide the case of a Christian postal worker who quit his job after he was disciplined for refusing to work on Sundays for religious reasons.

Jan 17, 2023 10:23 AM CST

Weekly Briefs: Man pleads guilty in cold-case murder of law librarian; near-total abortion ban upheld in Idaho

A man convicted as a minor in 1964 for killing and raping a teen girl in Germany has pleaded guilty to the 1973 murder of a Stanford law librarian.

Jan 13, 2023 1:30 PM CST

Philadelphia DA wins challenge to his impeachment in appeals court

The Pennsylvania House of Representatives had no authority to issue articles of impeachment against progressive Philadelphia District Attorney Larry Krasner because his alleged wrongdoing didn’t satisfy constitutional requirements, a state appeals court has ruled.

Jan 13, 2023 11:45 AM CST

Supreme Court leaves in place New York gun restrictions during appeals

New York’s new concealed-carry restrictions remain in place during appeals as a result of an order Wednesday by the U.S. Supreme Court.

Jan 11, 2023 10:38 AM CST

Mistaken disclosure of confidential documents leads to suspension for lawyer representing Infowars host

Updated: A Connecticut judge has ordered a six-month suspension for a lawyer representing Infowars host and founder Alex Jones because the attorney “carelessly” handled confidential documents mistakenly released to the opposing counsel in a defamation trial against Jones.

Jan 9, 2023 2:04 PM CST

Six-week abortion ban violates right to privacy, South Carolina Supreme Court rules

The South Carolina Supreme Court on Thursday struck down the state’s ban on abortions after about six weeks of pregnancy.

Jan 5, 2023 3:27 PM CST

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