ABA Journal

Constitutional Law

8670 ABA Journal Constitutional Law articles.

10th Circuit upholds ban on firearms for felon convicted of check fraud

The federal ban on gun possession by felons doesn't appear to be affected by a 2022 Second Amendment decision by the U.S. Supreme Court, a federal appeals court has ruled.

School must recognize Christian student club with anti-same-sex-marriage affirmation, en banc appeals court says

An en banc federal appeals court has ordered a California school district to reinstate a Fellowship of Christian Athletes club that was not recognized because of its required anti-same-sex-marriage affirmation for student leaders.

Weekly Briefs: Judge rules against DACA fix; Paul Weiss goes on hiring spree

New rulemaking doesn’t save DACA

A new administrative rule intended to “preserve and fortify” the Deferred Action for Childhood Arrivals program doesn’t cure its illegality, according to a Sept.…

22% of Americans think First Amendment protects gun rights, says poll released before Constitution Day

Seventy-seven percent of surveyed Americans were able to recall that the First Amendment protects freedom of speech, but less than half were able to name other rights protected by that amendment.

Justice Alito temporarily blocks curbs on Biden administration’s communications with social media

U.S. Supreme Court Justice Samuel Alito on Thursday temporarily blocked an injunction that curbed the Biden administration’s communications with social media.

State can’t rely on ‘gossamers of speculation’ to justify ban on gun marketing to minors, 9th Circuit says

A law that bans truthful firearms advertising that appeals to minors should be blocked, a federal appeals court has ruled.

‘Torture Memos’ author testifies in ethics hearing to support Eastman’s ideas on Pence as election arbiter

John Yoo, a professor at the University of California at Berkeley School of Law—known for the Department of Justice "Torture Memos" that he wrote supporting waterboarding—testified Tuesday in support of one of John Eastman’s legal theories on how to overturn the 2020 election.

Ginni Thomas’ work with conservative activists led to movement that helped overturn precedent

The conservative legal movement gained ground after the U.S. Supreme Court struck down restrictions on independent campaign spending by corporations in the 2010 Citizens United v. Federal Election Commission ruling.

US pressure on social media over misinformation likely unconstitutional, 5th Circuit says

Updated: The U.S. government likely violated the First Amendment by pressuring social media companies to block COVID-19 misinformation and other content, a federal appeals court ruled Friday.

So you were convicted of killing someone who’s still alive—now what?

Many installments of this column have focused on true-crime documentaries examining murder convictions and the legal process and “evidence” that led to them. While those series or stand-alone shows are undoubtedly intriguing, we always seem to be left with the same conclusion: Even if the defendant didn’t kill the person, the person is still dead. But what if we were presented with a situation in which someone was convicted for the murder of a person who was subsequently found alive and well?

8th Circuit decision upholding felon gun ban quickens path to Supreme Court, lawyer says

A federal appeals court has refused to disturb a panel opinion upholding a ban on gun possession by felons, creating a circuit split.

Write-in candidate with 2 law degrees sues to keep Trump off the ballot; different challenge tossed

A law grad with a campaign website and a plan to launch a write-in presidential candidacy has filed several lawsuits contending that former President Donald Trump is barred from running under the 14th Amendment.

Ex-prosecutor disbarred for disclosure failures in drug-lab scandal; supervisor, underling get different sanctions

A former assistant attorney general who oversaw the investigation and prosecution of a drug-using chemist at a Massachusetts crime lab has been disbarred for failing to disclose the full extent of the worker’s potential misconduct to affected drug defendants.

Top state court upholds unaffordable bail for ‘putative gun-toting drug dealer’

Delaware’s constitutional right to bail does not mean that it must be affordable for dangerous defendants, the state’s top court has ruled.

Federal appeals court tosses lawyer’s challenge to anti-bias ethics rule

A Pennsylvania lawyer does not have standing to challenge a state ethics rule banning discrimination and harassment in the practice of law, a federal appeals court has ruled.

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