ABA Journal

Constitutional Law

8028 ABA Journal Constitutional Law articles.

Sotomayor accuses majority of ‘linguistic contortion’ in rejecting ineffective assistance claim in death penalty case

The U.S. Supreme Court has rejected the ineffective assistance claim of a death row inmate who didn’t call his lawyers to testify about their failure to hire an expert to assess him for an intellectual disability.

State ban on tuition assistance at religion-teaching schools to be reviewed by Supreme Court

The U.S. Supreme Court on Friday agreed to consider the constitutionality of a Maine tuition assistance program that can’t be used at schools that teach religion.

Supreme Court won’t hear case of Christian florist who refused to provide flowers for gay wedding

The U.S. Supreme Court on Friday let stand a victory for a same-sex couple who were told by a Christian florist that she would not provide flowers for their wedding.

Donor disclosure requirement violates First Amendment rights of association, SCOTUS rules

The U.S. Supreme Court ruled 6-3 Thursday that California's donor disclosure requirement violates the First Amendment.

Afternoon Briefs: Internet research is costly for juror; bar dues claim partly resurrected

Federal juror’s internet research cost over $11K

A federal judge in New Jersey has held a juror in contempt and fined him more than $11,000 for conducting internet research on…

Bill Cosby’s sexual assault conviction is overturned because of initial district attorney’s decision

Actor and comedian Bill Cosby was freed from prison after the Pennsylvania Supreme Court overturned his sexual assault conviction Wednesday.

Supreme Court will decide whether ban on some digital billboards violates First Amendment

The U.S. Supreme Court on Monday agreed to decide whether Austin, Texas, violated the First Amendment when it allowed digital billboards on properties of businesses but not elsewhere.

8th Circuit must reconsider case of shackled inmate who died after prone restraint, SCOTUS says

The U.S. Supreme Court on Monday told a federal appeals court to take another look at a case of an inmate who died after correctional officers applied pressure to his back while he lay shackled on the floor.

SCOTUS lets stand victory by transgender man Gavin Grimm, former student who sued over bathroom policy

The U.S. Supreme Court has let stand a ruling that a Virginia school board violated the constitutional rights of Gavin Grimm, a transgender man and a former high school student, when it barred him from using the bathroom that matched his gender identity.

Afternoon Briefs: Crowell merger announced; judge reverses himself on juror vaccinations

Crowell & Moring will merge with IP firm

Crowell & Moring is merging with Chicago-based Brinks Gilson & Lione, a 61-lawyer intellectual property law firm. Crowell will have more than…

Spy plane surveillance violates Fourth Amendment, en banc appeals court rules

An en banc federal appeals court ruled 8-7 on Thursday that a warrantless aerial surveillance program run by the Baltimore Police Department violated the Fourth Amendment.

Afternoon Briefs: SCOTUS overturns another agency structure; corporate diversity suit allowed

Supreme Court rules FHFA structure is unconstitutional

The U.S. Supreme Court ruled Wednesday that the structure of the Federal Housing Finance Agency is unconstitutional because its director can only be…

Property rights group notches another SCOTUS victory in ruling against agricultural unions

A California regulation allowing union organizers to access private property of employers is a physical taking requiring just compensation, the U.S. Supreme Court ruled in a 6-3 decision Wednesday.

3 newest justices join Supreme Court liberals in decision for fleeing misdemeanor suspect

The U.S. Supreme Court ruled Wednesday that police officers who are pursuing a misdemeanor suspect aren’t necessarily entitled to enter a home without a warrant.

Cheerleader’s Snapchat vulgarity had a message, Supreme Court says in 8-1 ruling against school

The U.S. Supreme Court ruled Wednesday that a Pennsylvania school district violated a cheerleader’s First Amendment rights when it suspended her from the squad for F-word Snapchat posts.

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