ABA Journal

Constitutional Law

8461 ABA Journal Constitutional Law articles.

Texas governor invokes obscure constitutional provision to repel ‘border invasion;’ judge strikes down Title 42 next day

Republican Texas Gov. Greg Abbott said Monday he is invoking the U.S. Constitution’s invasion clause and taking “unprecedented measures” to repel a “border invasion.”

Georgia’s six-week abortion ban was unconstitutional when enacted and can’t be enforced, judge rules

A judge in Fulton County, Georgia, has struck down the state’s ban on most abortions after a fetal heartbeat is detected, which happens at about six weeks of pregnancy.

Ordinance banning pit bulls in city limits didn’t violate dog owners’ constitutional rights, 8th Circuit rules

A federal appeals court has upheld a Council Bluffs, Iowa, ordinance that bans pit bulls within city limits.

SCOTUS won’t block Jan. 6 committee subpoena for GOP official’s phone records; Trump’s own suit is pending

The U.S. Supreme Court on Monday rejected an emergency request to block a congressional subpoena for the phone records of Kelli Ward, chair of the Arizona Republican Party.

Weekly Briefs: Biden can’t grant student-debt relief, judge says; $32.3M malpractice award left in place

Judge strikes down student-debt relief

U.S. District Judge Mark Pittman of Fort Worth, Texas, ruled Thursday that the Biden administration’s plan to forgive some federal student-loan debt was an unconstitutional…

1st Circuit upholds law making it a crime to ridicule people with false statements

A federal appeals court has upheld a New Hampshire law that makes it a misdemeanor to make knowingly false statements that subject another person to “public hatred, contempt or ridicule.”

Supreme Court should consider right to earn a living, 5th Circuit judge says in COVID-19 shutdown case

A conservative federal appeals judge suggested in a concurrence this week that the U.S. Supreme Court should consider whether the right to earn a living is a fundamental, unenumerated constitutional right.

State bar is running an unlawful ‘quota system’ for leadership positions, judge says

A New Jersey judge has concluded that the state bar association is violating anti-discrimination law by reserving 13 leadership positions for members of certain underrepresented groups.

Voters maintain ‘the status quo’ in state supreme court elections—with 2 exceptions

Big money poured into state supreme court races that took place in 25 states Tuesday. But the makeup of courts in only two of those states changed in a way that's likely to have a significant impact.

Voters ban slavery as a form of punishment in 4 states; what is the impact?

Voters in Alabama, Tennessee, Oregon and Vermont have approved state constitutional amendments banning the use of slavery as a punishment.

Former CFO of Girardi Keese is arrested for alleged $10M ‘side fraud’ scheme

Updated: The former chief financial officer of bankrupt Los Angeles law firm Girardi Keese has been arrested on a federal charge of wire fraud.

Voters in these states added abortion rights to their constitutions Tuesday

Voters in Michigan, California and Vermont approved state constitutional amendments Tuesday that protect abortion rights.

Last-minute election lawsuits target absentee ballots; Florida clashes with DOJ over monitors

Election litigation was heating up in battleground states as voters went to the polls Tuesday. Lawsuits were filed over undated absentee ballots in Pennsylvania, unmailed absentee ballots in Georgia, and plans to hand count ballots in Arizona and Nevada.

12-person juries are constitutionally required in serious criminal cases, Gorsuch argues

U.S. Supreme Court Justices Neil Gorsuch and Brett Kavanaugh dissented Monday, when the Supreme Court turned down an appeal that challenges the use of eight-person juries in serious criminal cases.

Mailer spreads misinformation on Kansas justices and right to abortion

Updated: A misleading mailer in Kansas urges a no vote in the retention election for six of the seven Kansas Supreme Court justices.

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