ABA Journal

Constitutional Law

8461 ABA Journal Constitutional Law articles.

Beauty pageant had First Amendment right to reject transgender contestant, 9th Circuit rules

A beauty pageant had a First Amendment right to reject a transgender contestant who contended that its “natural born female” eligibility requirement violated Oregon anti-bias law, a federal appeals court has ruled.

Election litigation brings developments in 2 Pennsylvania cases; what else is pending?

Election litigation is heating up in advance of the midterm elections next week—bringing developments in two Pennsylvania cases.

In ‘scorching’ opinion, federal judge considers appointing historian to help him in gun case

U.S. District Judge Carlton Reeves said he isn’t a trained historian, and neither are U.S. Supreme Court justices who ruled in June that gun regulations can’t be upheld unless they are consistent with historical tradition.

Supreme Court rejects Sen. Lindsey Graham’s bid to block his testimony in Georgia election probe

The U.S. Supreme Court on Tuesday denied Republican U.S. Sen. Lindsey Graham ’s request to block a subpoena for his testimony before a Georgia grand jury investigating 2020 election interference.

Chief justice blocks turnover of Trump’s tax returns to congressional committee

Former President Donald Trump has obtained a temporary stay blocking the turnover of his tax returns to the House Ways and Means Committee.

Supreme Court majority seems ready to restrict consideration of race in college admissions

The U.S. Supreme Court appeared ready to restrict the use of race as a factor in college admissions during oral arguments Monday.

6th Circuit blocks ethics probe of judicial candidates who touted GOP links, anti-abortion endorsements

A federal appeals court has blocked the Kentucky Judicial Conduct Commission from investigating two judicial candidates accused by citizens of touting their Republican background and their endorsements from anti-abortion groups.

Estimated 4.6M Americans can’t vote in midterms because of felony convictions, new report says

The estimated number of people who can’t vote in the United States because of a felony conviction has declined by 24% since 2016, but the total is still large, according to a report released Tuesday by the Sentencing Project.

2 Trump appointees battle as 9th Circuit upholds chalking tires; dissent accused of analysis by ‘hyperbole’

Two judges appointed by former President Donald Trump sparred Wednesday on whether a city violates the Fourth Amendment by chalking tires without a warrant to enforce parking time limits.

Kagan temporarily blocks Jan. 6 committee subpoena for Arizona GOP leader’s phone records

U.S. Supreme Court Justice Elena Kagan on Wednesday issued an administrative stay that blocks a subpoena for a GOP official’s phone records by the congressional committee investigating the Jan. 6, 2021, U.S. Capitol attack.

SCOTUS justices became ‘targets for assassination’ after leak of abortion opinion, Alito says

U.S. Supreme Court Justice Samuel Alito said Tuesday the leak of the high court’s opinion striking down the right to abortion made justices “targets for assassination.”

Does Trump have to testify to Jan. 6 committee? It’s a ‘constitutional gray area’

Former President Donald Trump could cite one U.S. Supreme Court decision to bolster his argument that he can’t be compelled to testify before the congressional committee investigating the Jan. 6, 2021, U.S. Capitol riot.

Ban on nonunanimous juries is not retroactive in Louisiana, top state court says

The Louisiana Supreme Court ruled Friday that inmates convicted by nonunanimous juries can’t challenge their convictions if they were final before the U.S. Supreme Court held that the Sixth Amendment required jury unanimity to convict in serious cases—in federal and state courts.

A sign of rapprochement? Federal appeals judges boycotting Yale Law will speak at school

Two conservative federal appeals judges who are boycotting Yale Law School graduates have offered to discuss free speech issues in a panel discussion at the school.

Justice Thomas gives Sen. Lindsey Graham temporary reprieve on testifying before grand jury

U.S. Supreme Court Justice Clarence Thomas on Monday stayed an order that required Republican U.S. Sen. Lindsey Graham of South Carolina to testify before a grand jury investigating 2020 election interference.

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