ABA Journal

Constitutional Law

8670 ABA Journal Constitutional Law articles.

2nd Circuit rejects free exercise challenge to law ending religious exemptions for immunization mandate

A Connecticut law ending a religious exemption for required vaccinations does not violate constitutional guarantees, including the First Amendment right to free exercise of religion, a federal appeals court has held.

Supreme Court majority reinstates regulations requiring background checks for sales of ‘ghost gun’ kits

The U.S. Supreme Court on Tuesday temporarily revived Biden administration regulations that require makers and sellers of "ghost gun" kits and parts to add serial numbers to the products, keep transfer records and conduct background checks of buyers.

Sanctioned lawyers must take classes from conservative Christian nonprofit, federal judge rules

A federal judge in Dallas has ordered three in-house lawyers for Southwest Airlines to attend classes with Alliance Defending Freedom, a conservative legal advocacy group, to purge itself of civil contempt for "inverting" the language in a court-ordered message.

Citing 1st Amendment rights of students, ABA House passes resolution against book bans

Ban on lifetime voting for some felons violates Eighth Amendment, 5th Circuit rules

Mississippi’s lifetime ban on voting for felons convicted of some crimes serves no legitimate penological purpose and violates their rights under the Eighth Amendment, a federal appeals court has ruled.

Federal judge who said defendant ‘looks like a criminal’ can’t preside in new trial, 6th Circuit says

A federal appeals court has overturned a Michigan defendant’s drug convictions after a Detroit federal judge presiding in the case said the accused man “looks like a criminal to me.”

9th Circuit dissenters take aim at state-created danger doctrine

The 9th U.S. Circuit Court of Appeals at San Francisco should narrow the state-created danger doctrine, according to four judges who dissented when the appeals court refused to grant an en banc rehearing in a lawsuit over a mother’s drowning of her 10-month-old twins.

Is dismissal bid effort to keep ADA ‘gravy train’ running? Tester urges SCOTUS to drop her case

A Florida woman who tests hotel websites for compliance with the Americans With Disabilities Act is seeking to dismiss all of her pending cases, including one pending before the U.S. Supreme Court.

Can Congress bind Supreme Court on ethics code? Alito offers opinion

Justice Samuel Alito doesn't think that Congress has the authority to bind the U.S. Supreme Court on ethics issues.

Paramedics who wrongly insisted woman was dead have immunity in civil suit, 6th Circuit says

A federal appeals court has ruled that emergency medical personnel have qualified immunity in a civil lawsuit alleging that they wrongly insisted that a woman was dead, leading to her subsequent death.

Hunter Biden’s BigLaw lawyers deny deception day before their client’s plea deal put on hold

Lawyers for Hunter Biden are fighting on two fronts as U.S. District Judge Maryellen Noreika of the District of Delaware asked attorneys from Latham & Watkins on Tuesday to show cause why they shouldn’t be sanctioned and then put a proposed plea agreement on hold the next day.

Meet Lawsuit Barbie: She’s been busy at Barbie’s courthouse

Barbie has been living in the real world for a long time. Because of the doll’s colossal success since its introduction in 1959, countless lawsuits have gone through the courts as the doll’s maker has sought to enforce its rights and protect her image.

Death row prisoner treated as ‘guinea pig,’ Sotomayor dissent says

Justice Sonia Sotomayor complained in a dissent early Friday that the U.S. Supreme Court should not allow Alabama to treat a death row inmate as a “guinea pig” to test its lethal injection process.

Weekly Briefs: ‘Taco Tuesday’ trademark spat resolved; Trump Organization settles with Michael Cohen

‘Taco Tuesday’ trademark abandoned

Taco John’s has agreed to give up its “Taco Tuesday” trademark after Taco Bell sought its cancellation in what it described as a “liberation” campaign.…

Are doctors in shield-law states at risk for mailing abortion pills to anti-abortion jurisdictions?

Doctors in states with telemedicine shield laws are now able to ship abortion pills to women in anti-abortion jurisdictions as a result of a new procedure adopted by a European supplier.

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