ABA Journal

Constitutional Law

8500 ABA Journal Constitutional Law articles.

State bar is running an unlawful ‘quota system’ for leadership positions, judge says

A New Jersey judge has concluded that the state bar association is violating anti-discrimination law by reserving 13 leadership positions for members of certain underrepresented groups.

Voters maintain ‘the status quo’ in state supreme court elections—with 2 exceptions

Big money poured into state supreme court races that took place in 25 states Tuesday. But the makeup of courts in only two of those states changed in a way that's likely to have a significant impact.

Voters ban slavery as a form of punishment in 4 states; what is the impact?

Voters in Alabama, Tennessee, Oregon and Vermont have approved state constitutional amendments banning the use of slavery as a punishment.

Former CFO of Girardi Keese is arrested for alleged $10M ‘side fraud’ scheme

Updated: The former chief financial officer of bankrupt Los Angeles law firm Girardi Keese has been arrested on a federal charge of wire fraud.

Voters in these states added abortion rights to their constitutions Tuesday

Voters in Michigan, California and Vermont approved state constitutional amendments Tuesday that protect abortion rights.

Last-minute election lawsuits target absentee ballots; Florida clashes with DOJ over monitors

Election litigation was heating up in battleground states as voters went to the polls Tuesday. Lawsuits were filed over undated absentee ballots in Pennsylvania, unmailed absentee ballots in Georgia, and plans to hand count ballots in Arizona and Nevada.

12-person juries are constitutionally required in serious criminal cases, Gorsuch argues

U.S. Supreme Court Justices Neil Gorsuch and Brett Kavanaugh dissented Monday, when the Supreme Court turned down an appeal that challenges the use of eight-person juries in serious criminal cases.

Mailer spreads misinformation on Kansas justices and right to abortion

Updated: A misleading mailer in Kansas urges a no vote in the retention election for six of the seven Kansas Supreme Court justices.

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.

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