Constitutional Law

Feds Sue IL Over New Immigration Law

In an action that puts the supremacy clause of the U.S. Constitution at issue, the federal government is suing the state of Illinois over a new law that bans employer participation in a new voluntary federal program that verifies the identity of legal immigrants. Filed in federal court in Springfield,…

Sep 25, 2007 6:11 PM CDT

FBI Investigates White Backlash re Jena

A white backlash reportedly is under way against six African-American high school students in Jena, La., who are being prosecuted in what many perceive as a racially discriminatory manner. The FBI is investigating apparent Internet threats made against some of the six defendants in a racially charged high school attack…

Sep 25, 2007 4:04 PM CDT

Lethal Injection Before High Court

The U.S. Supreme Court has agreed to review the constitutionality of lethal injection procedures used in Kentucky. Two death-row inmates, Ralph Baze and Thomas Clyde Bowling Jr., claim the procedure amounts to cruel and unusual punishment, the Associated Press reports. Their lawyer, public defender David Barron, calls the appeal “probably…

Sep 25, 2007 3:42 PM CDT

Discipline Study: Schools Unfair to Blacks

Nationwide statistics show that African-American students are disciplined far more than they should be, based on their percentage in the overall public school population. Yet the federal office charged with investigating such discipline disparities doesn’t seem to be focusing on the issue. “In every state but Idaho … black students…

Sep 25, 2007 3:27 PM CDT

Court Accepts Diabetes Drug Appeal

The U.S. Supreme Court will consider whether Michigan plaintiffs may sue the maker of the diabetes drug Rezulin despite a state law that restricts pharmaceutical suits. The Food and Drug Administration asked that the drug be removed from the market after concerns arose that it caused liver damage in some…

Sep 25, 2007 3:21 PM CDT

Cert Granted in Drug Evidence Case

The U.S. Supreme Court will decide whether courts may consider cocaine evidence seized as a result of an illegal arrest for driving on a suspended license. Five federal appeals courts and four state supreme courts allow consideration of evidence seized in violation of state arrest laws. But the Virginia Supreme…

Sep 25, 2007 3:06 PM CDT

New Laws Seek to Ban Iraq T-Shirt Sales

“Bush Lied. They Died.” Those words, on a T-shirt, along with the names of U.S. soldiers who have been killed in the Iraq war, have sparked outrage—and legislation in five states. They now ban the use of names of soldiers killed in Iraq for commercial purposes unless surviving family members…

Sep 24, 2007 8:50 PM CDT

Suit: Feds’ Raids Violate Constitution

Warrantless searches allegedly are being conducted by armed U.S. immigration authorities on Latino-occupied homes in the New York City area where they have no good reason to believe immigrant fugitives are living. A federal class action lawsuit filed in Manhattan yesterday by 15 plaintiffs contends the feds are conducting such…

Sep 21, 2007 11:26 PM CDT

Judge Allows Students’ Hitler Youth Buttons

A New Jersey school may not bar fifth-grade students from wearing a Hitler Youth button to protest school uniforms, a federal judge has ruled. Judge Joseph Greenaway of Newark said there was no evidence the buttons will disrupt the educational process and it is likely the kids will prevail on…

Sep 21, 2007 2:21 PM CDT

1000s Protest in Jena (and Elsewhere)

In a protest largely launched by bloggers that some are calling the dawn of a new 21st century civil rights movement, more than 15,000 people from around the country reportedly marched on a tiny town in Louisiana today. Their goal: to protest what many see as an unfair justice system…

Sep 21, 2007 3:58 AM CDT

Judge Halts TN Lethal Injection

A federal judge has halted an upcoming execution in Tennessee, ruling that the state’s lethal injection procedure presents “a substantial risk of unnecessary pain.” Judge Aleta A. Trauger of Nashville said the three-drug procedure does not ensure that inmates are unconscious when they are executed, the New York Times reports.…

Sep 20, 2007 4:06 PM CDT

Roberts Links Judicial Independence, Free Speech

Chief Justice John G. Roberts Jr. told students at Syracuse University yesterday that the First Amendment is only as strong as the judges who uphold it. Roberts read words ensuring free speech protections, then revealed they were from the Soviet Union’s 1977 constitution, the Associated Press reports. “All lies,” he…

Sep 20, 2007 11:08 AM CDT

Cabbies Sue, Say GPS Risks Trade Secrets

Fearful of an invasion of privacy that could allow others to take advantage of a valuable trade secret—the best driving routes to find fares—New York cabdrivers have filed suit to block new rules requiring the installation of GPS and other new technology. While not all taxi drivers and cab owners…

Sep 20, 2007 1:25 AM CDT

Court to Parents: No Tough Love, No Cars

A lack of tough love has cost two Washington state parents their cars. Because they didn’t act quickly enough to snatch back their car keys from a son who apparently was using their vehicles to deal drugs, according to authorities, they were properly seized by the government under drug-forfeiture laws…

Sep 19, 2007 11:48 PM CDT

Judge: No Test Breaks for Breastfeeding

A Harvard University medical student about to begin her residency has lost a court case seeking extra time to pump breast milk while she takes a national clinical knowledge exam. While it will be inconvenient for Sophie Currier to pump breast milk in the total 45 minutes of scheduled breaks…

Sep 19, 2007 6:54 PM CDT