ABA Journal

Constitutional Law

8104 ABA Journal Constitutional Law articles.

4th Circuit vacates decision striking down age limit for handgun sales; is opinion still a ‘persuasive source’?

A federal appeals court has vacated its July decision finding that youths ages 18, 19 and 20 have a Second Amendment right to own handguns.

New York and other states have the right to limit concealed weapon permits, ABA says in amicus brief

State and local governments have long had the right to tailor firearm regulations to their own judgments about how best to protect public health and safety, the ABA told the U.S. Supreme Court on Tuesday.

Law prof’s memo told Pence he could give Trump election win as ‘ultimate arbiter’ in elector count

A conservative law professor wrote a memo telling then-Vice President Mike Pence how he could give then-President Donald Trump an election win when Congress counted Electoral College votes Jan. 6.

Newly minted lawyer challenges COVID restrictions in ‘impenetrable thicket’ of arguments

Ohio lawyer Thomas Renz quickly gained prominence in conservative circles by challenging COVID-19 mandates in a series of lawsuits filed after he passed the bar exam in November 2019 on his fifth try.

Supreme Court should uphold precedent in Mississippi abortion case, ABA amicus brief says

The ABA filed an amicus brief with the U.S. Supreme Court on Monday that asks justices to uphold Roe v. Wade and adhere to its precedent recognizing the right to an abortion prior to the viability of the fetus when it hears a case scheduled for the October term.

Alabama committee grapples with racism enshrined in state constitution as rewrite process begins

A committee of lawmakers and lay people are cutting racist language and outdated provisions from the Alabama Constitution after voters gave the go-ahead to begin the effort last fall.

Only 37% of US voters approve of Supreme Court’s handling of its job, poll finds

The U.S. Supreme Court’s approval rating has dropped to its lowest point since pollsters at Quinnipiac University began surveys on the question in 2004.

Only 37% of registered voters approve…

Dershowitz: Texas abortion bounty approach could be adopted in states that want to ban handgun ownership

Alan Dershowitz, a professor emeritus at Harvard Law School, is suggesting a political response to the Texas abortion law that offers $10,000 to private citizens who sue those who help secure abortions after about six weeks of pregnancy.

Pot smell didn’t provide probable cause for juvenile’s arrest, top state court says

The Delaware Supreme Court has ruled that marijuana and cocaine seized after police arrested a juvenile should be suppressed because the pot smell emanating from the vehicle in which she was a passenger didn’t provide probable cause for her arrest.

Should federal officers get immunity for lies and beatings? SCOTUS is asked to decide

Three cert petitions ask the U.S. Supreme Court to rule that federal law enforcement officers and those who serve with them on joint task forces were not entitled to absolute immunity for violating constitutional rights of three people.

Cops’ use of pole camera to surveil partly fenced property was unconstitutional, state supreme court rules

Police officers in Colorado Springs, Colorado, violated the Fourth Amendment rights of a drug suspect when they erected a pole camera to record video of his partly fenced property for three months without obtaining a warrant, the Colorado Supreme Court has ruled.

DOJ relies on ruling against Eugene Debs in seeking to block Texas abortion law

The U.S. Department of Justice is relying on an 1894 U.S. Supreme Court ruling involving American Railway Union leader Eugene Debs in its lawsuit seeking to block a restrictive Texas abortion law.

Will employer vaccine mandate survive? OSHA would act under little-used statutory provision

President Joe Biden’s plan to require businesses with more than 100 workers to require vaccinations or testing relies on a little-used provision of a 1970 law.

Justice Barrett wants to dispel notion that Supreme Court is made up of ‘partisan hacks’

U.S. Supreme Court Justice Amy Coney Barrett said Sunday the justices are guided by judicial philosophies, rather than political views, but the public might not see it that way.

Weekly Briefs: ABA president remembers 9/11; female judges in Afghanistan live in fear

ABA president calls for spirit of cooperation in Sept. 11 statement

The ABA joins all of America in remembering the 20th anniversary of the Sept. 11, 2001, terrorist attacks, said…

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