ABA Journal

Constitutional Law

8347 ABA Journal Constitutional Law articles.

Ex-husband is allowed to represent embryo in wrongful death suit against abortion clinic

A judge in Arizona has allowed an ex-husband to serve as personal representative of an embryo in a wrongful death lawsuit that he filed against an abortion clinic and its doctors.

Weekly Briefs: Woman claims fetus is a passenger; recording police is protected, appeals court says

Woman says unborn baby counts for carpool lane

A Plano, Texas, woman contends she shouldn’t be ticketed for driving in the carpool lane because she is pregnant and her unborn…

10th Circuit strikes down ban on encouraging or inducing a noncitizen to come to US illegally

A federal appeals court has struck down as overbroad a provision of a law that makes it a crime to encourage or induce a noncitizen to enter or reside illegally in the United States.

Biden administration can’t require emergency abortions, Texas lawsuit says

The state of Texas is challenging Biden administration guidance that says emergency rooms that receive Medicare funds must provide abortions. If a pregnant patient is experiencing a medical emergency as defined by the law, and abortion is a stabilizing treatment that would resolve the condition, the abortion must be provided, according to U.S. Department of Health & Human Services guidance.

California governor signs bill allowing citizen plaintiffs to sue over gun violations that cause harm

California Gov. Gavin Newsom has signed a bill authorizing lawsuits against gun makers and dealers for harm caused by business practices that violate state gun regulations.

Marginalized communities could bear the brunt of post-Dobbs data surveillance

After the Supreme Court decision overturning Roe vs. Wade, many people have become concerned about protecting their data and covering their digital tracks. But according to some legal experts, people of color and marginalized groups will be most vulnerable to surveillance.

Does right to travel for abortion include right to avoid penalty? Kavanaugh concurrence doesn’t go so far

When the U.S. Supreme Court ruled last month that there is no constitutional right to abortion, Justice Brett Kavanaugh’s concurrence may not be as reassuring as it sounds for those traveling for abortions.

The modern US Border Patrol is a national police force with dangerous capabilities, author warns

In Nobody is Protected: How the Border Patrol Became the Most Dangerous Police Force in the United States, geographer Reece Jones argues that Supreme Court precedent, a growing workforce and mission creep have made the U.S. Border Patrol a national police force that operates without appropriate accountability.

In winning argument, abortion providers argue Arizona fetal personhood law is vague and unconstitutional

Arizona abortion providers argued the law is vague and in conflict with another state law that bans abortions after 15 weeks of pregnancy, which takes effect in September.

Student expelled for offensive Snapchat post can sue school district, 10th Circuit says

A federal appeals court has ruled a Colorado high-school student can sue over his one-year expulsion for an off-campus, offensive Snapchat post.

Waiver agreement bars ex-Chief Justice Roy Moore’s defamation suit against comedian Sacha Baron Cohen, 2nd Circuit says

A federal appeals court has refused to revive a lawsuit filed by former Alabama Chief Justice Roy Moore and his wife against a comedian who claimed to be an Israeli anti-terrorism expert with a device able to detect pedophiles.

Judge blocks no-contact orders against Christian law students who discussed opposition to same-sex marriage

A federal judge has ordered the University of Idaho to rescind no-contact orders against three Christian law students who expressed their views against same-sex marriage at an LGBTQ event and a meeting concerning ABA accreditation.

Online petition seeking impeachment of Justice Thomas has more than a million signatures

A MoveOn.org online petition calls for U.S. Supreme Court Justice Clarence Thomas to resign from the high court or face impeachment.

Chemerinsky: This SCOTUS term moved the law ‘dramatically in a conservative direction’

The U.S. Supreme Court's October 2021 term was one of the momentous in history. The only analogy I can think of is 1937 for its dramatic changes in constitutional law. This is the first full term with Justice Amy Coney Barrett on the high court, and we saw the enormous effects of having a 6-3 conservative majority.

Abortion ‘abolitionists’ seek equal protection rights for fetuses, prosecutions of women

State abortion bans that followed the U.S. Supreme Court’s decision to overturn Roe v. Wade didn’t go far enough for some opponents of the procedure.

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