ABA Journal

Constitutional Law

8028 ABA Journal Constitutional Law articles.

Federal judge refuses to block Indiana University’s vaccine mandate; incoming 1L is among the plaintiffs

A federal judge in South Bend, Indiana, has refused to block Indiana University’s COVID-19 vaccine requirement for faculty and students in an opinion that said the plaintiffs' 14th Amendment claim was unlikely to succeed.

Abortion providers sue judicial officials over citizen-enforced Texas abortion law

Several abortion rights advocates and providers have filed a federal lawsuit challenging a new Texas law that permits private citizens to sue doctors, clinics and anyone else who knowingly helps a pregnant person get an abortion after a fetal heartbeat is detected.

Judge tosses Roy Moore’s $95M suit against comedian Sacha Baron Cohen

A federal judge has dismissed a $95 million defamation lawsuit brought against British comedian Sacha Baron Cohen by former Alabama chief justice and failed U.S. Senate candidate Roy Moore.

4th Circuit dismisses Baltimore attorney’s suit against SPLC over ties to white supremacist group

Southern Poverty Law Center articles that publicized a Baltimore attorney’s connection to a white supremacist group are protected under the First Amendment, a federal appeals court ruled Monday.

Texas AG agrees to stop blocking Twitter users for ‘First Amendment-protected viewpoints’

The Texas attorney general has agreed to stop blocking critics on social media after a group of them alleged in court he was violating their free-speech rights.

Federal judge’s confirmation hearing a reminder of the importance of No Religious Test Clause

Last month, the U.S. Senate confirmed Zahid Quraishi as the first Muslim American federal judge in U.S. history.

Federal judge blocks Tennessee’s controversial new bathroom law

A federal judge has temporarily blocked Tennessee’s transgender restroom law, which requires businesses to post a specific sign if they allow transgender people to use bathrooms that match their gender identity.

Citizen plaintiffs can sue to enforce Texas fetal heartbeat bill; could Uber drivers be liable?

A new Texas law that bans abortions after the detection of a fetal heartbeat has an unusual enforcement provision: Private citizens can sue abortion providers and others who knowingly help pregnant women violate the restrictions.

Tort lawyers represent Trump in social media censorship lawsuits; is ‘state actors’ claim viable?

Personal injury lawyer John P. Coale is among the lawyers representing former President Donald Trump in censorship lawsuits against Twitter, Facebook and Google for suspending him and others from their websites.

SCOTUS in review: Kavanaugh is the median; Barrett, consensus justices play ‘the long game’

What are the takeaways from the most recent U.S. Supreme Court term? Several Supreme Court journalists are answering that question in stories that look at split decisions and consensus, the likely median justice and the justices most to the right.

Do we need to rethink how we handle classified leaks?

As the 50th anniversary of the Pentagon Papers case approached, First Amendment scholars Lee Bollinger and Geoffrey Stone knew they wanted to mark the occasion somehow.

Appeals court slams judge’s ‘utterly racist’ theory on Black defendant’s frontal lobes

A New York appeals court has reduced a burglary sentence because of “shocking” and “utterly racist” comments by a sentencing judge who said the disruptive Black defendant’s frontal lobes were likely “retarded in growth.”

Mandatory bar in Texas violates lawyers’ First Amendment rights, 5th Circuit rules

A federal appeals court ruled Friday that the mandatory state bar in Texas violates lawyers’ First Amendment rights because of its political and ideological activities.

Chemerinsky: Supreme Court looks to common law for guidance in Fourth Amendment cases

The Supreme Court decided three cases concerning the Fourth Amendment during the October 2020 term. They shared several characteristics.

Afternoon Briefs: Boy Scouts of America agrees to $850M settlement; 1st Circuit rejects ERA suit

Boy Scouts of America strikes $850M deal

The Boy Scouts of America has agreed to pay $850 million to settle sex abuse claims by about 60,000 people. The group says…

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