Constitutional Law

7875 ABA Journal Constitutional Law articles.

SCOTUS vacates judge’s ruling that allowed restrictions on religious services in California

The U.S. Supreme Court on Thursday vacated a decision that allowed restrictions on religious services in California and told a trial judge to reconsider the case. The court’s order told U.S. District Judge Jesus Bernal to reconsider his decision.

Chemerinsky: COVID-19 ruling reveals much about the new Supreme Court
We are accustomed to major U.S. Supreme Court decisions in late June as the term winds to a conclusion; rarely, however, is there a blockbuster ruling a few minutes before midnight the night before Thanksgiving. But the court’s ruling Nov. 25 in Roman Catholic Diocese of Brooklyn, New York v. Cuomo is quite important and tells us a great deal about the new court.
Lawyer is awarded $1 in attorney fees, matching jury award in case of snatched pen
Civil rights lawyer Jeffrey Rothman’s lawsuit against the city of New York and two police officers wasn’t a total loss.
Should immigrants here illegally be excluded from census? SCOTUS justices consider delaying decision
During telephone oral arguments before the U.S. Supreme Court on Monday, the justices appeared skeptical of President Donald Trump’s plan to exclude immigrants in the country illegally from the census count.
Lawyers involved in the gun debate are primed for the Supreme Court to take the next big case

As fatal police shootings and gun violence ravage Black communities, and mass shootings and active shooter drills have become ingrained in the American experience, local and state governments have countered the threat by creating more gun laws. As gun rights groups have fought those laws in the courts, it’s become a common refrain that trial judges are flouting the U.S. Supreme Court’s ruling in District of Columbia v. Heller and undermining Second Amendment rights.

Law enforcement is using location tracking on mobile devices to identify suspects, but is it unconstitutional?

The use of reverse location warrants with Google and other companies tracking location data has exploded since that type of warrant first was used by federal authorities in 2016. As the use of geofence warrants has grown, so have controversies surrounding them.

With Barrett in majority, Supreme Court lifts COVID-19 restrictions on religious services
In a 5-4 ruling Wednesday, the U.S. Supreme Court blocked two COVID-19 caps on attendance at religious services in New York.
Law prof finds ways to connect remotely amid historic election and COVID-19 restrictions

April Dawson, an associate dean and professor at the North Carolina Central University School of Law, has been finding creative ways to use technology in the classroom, even before the pandemic, and she says the experience helped her connect with students.

Can being forced to listen to ‘Baby Shark’ be considered cruel and unusual punishment?

I can’t pinpoint exactly what makes the song so intolerable after repeated listens. All I know is I’m not alone. Other adults have realized “Baby Shark” can be weaponized, and they are using it to their advantage.

Ban on therapy to change sexual orientation in minors violates First Amendment, 11th Circuit rules
A federal appeals court on Friday blocked two ordinances on First Amendment grounds in Florida that ban licensed therapists from providing “conversion therapy” to minors.
SCOTUS will consider constitutionality of home search during gun owner’s hospital visit
The U.S. Supreme Court on Friday agreed to decide whether a police search of a gun owner’s home while he was in the hospital for a suicide evaluation was justified under an exception to the Fourth Amendment.
Trump campaign appeals after federal judge tosses suit, calls one claim ‘Frankenstein’s monster’
The Trump campaign on Sunday filed a notice of appeal after a federal judge tossed its lawsuit challenging Pennsylvania’s differing approaches to errors on mail-in ballots.
2 justices dissent over Supreme Court’s refusal to restore COVID-19 safety steps at ‘tinderbox’ prison
The U.S. Supreme Court on Monday denied a request by two older inmates at a Texas geriatric prison to reinstate a judge’s order requiring COVID-19 safety measures.
Supreme Court puts off action on Trump-related cases; is it waiting for the clock to run out?

The U.S. Supreme Court does not appear to be in a rush to decide legal matters related to President Donald Trump. It’s possible the Supreme Court is “allowing the clock to run out,” according to one news organization.

SCOTUS will decide whether allowing union access to property is unconstitutional taking
The U.S. Supreme Court on Friday agreed to decide whether allowing union organizers to access private property for part of the year amounts to a physical taking of property that violates the Fifth Amendment.

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