Constitutional Law

Newbie Influence in Kennedy Abortion Opinion

Justice Anthony M. Kennedy’s concern for medical risks to women displayed in oral arguments last year were missing from his majority opinion last week upholding a ban on so-called partial birth abortions, according to an opinion piece in the New York Times. The opinion revives an undue-burden test espoused by…

Apr 27, 2007 3:22 PM CDT

Lawsuit: 7-Year-Old Citizen Locked In With Dad

A 7-year-old California boy was rousted from his bed at home by federal immigration authorities and illegally held with his father for 10 hours in a locked room earlier this year, according to a lawsuit filed today in federal court in San Francisco. Even though Noe Reyes showed agents his…

Apr 27, 2007 12:52 AM CDT

ACLU Challenges Las Vegas Anti-Peddling Law

The American Civil Liberties Union of Nevada is challenging Las Vegas’ latest ordinances barring panhandling and solicitation at a pedestrian mall, the Las Vegas Review-Journal reports. The ACLU claims the new laws are largely the same as old ones struck down by a federal appeals court last October. The group…

Apr 26, 2007 8:19 PM CDT

Injunction May Bar Repeated Defamation, Court Rules

The California Supreme Court ruled (PDF) today that a defendant’s right to free speech would not be infringed by a narrowly tailored injunction barring her from repeating statements already determined to be defamatory at trial. The defendant, Anne Lemen, lives near the plaintiff in the case, a restaurant and bar…

Apr 26, 2007 7:37 PM CDT

Chief Justice Complains of ‘Revisionist’ Spin

Justice Anthony M. Kennedy provided the crucial swing vote yesterday in three Supreme Court cases striking down the death sentences of Texas inmates, a New York Times article points out. Chief Justice John G. Roberts Jr. argued in a dissent that the majority was putting an unwarranted spin on the…

Apr 26, 2007 2:25 PM CDT

Is it Faith or Conservatism that Matters?

A New York Times article weighs in on the issue of whether religion mattered in last week’s U.S. Supreme Court decision upholding a ban on “partial-birth” abortion. All five justices who voted to uphold the law were Roman Catholics, raising debate and even prompting Rosie O’Donnell of ABC’s The View…

Apr 26, 2007 2:12 PM CDT

Solicitor General Struggles Before Justices

In oral arguments yesterday, Solicitor General Paul D. Clement ran into trouble as he argued against an exception to a ban on some issue ads by unions and businesses in the weeks before elections. Clement told the U.S. Supreme Court justices that an exception to the ban on ads mentioning…

Apr 26, 2007 1:47 PM CDT

Subpoena Frenzy as Democrats Wield Power

In an exercise of force by the Democrat-controlled Congress, legislators today approved what a New York Times article described as a “flurry” of subpoenas. The main issues targeted are the Bush administration approach to the Iraq war and the discretion exercised by federal prosecutors, as well as its alleged use…

Apr 26, 2007 2:33 AM CDT

Constitutional Chaos: Lawmakers Seek Asylum

Two dozen members of Ecuador’s legislature are facing treason charges after a crisis over a popular vote last week on constitutional reform. Nearly half are now seeking asylum in Colombia, after warrants for their arrest on treason charges were issued, the BBC reports, and more may follow suit. The 24…

Apr 25, 2007 10:07 PM CDT

Justices Doubtful About Campaign Ad Restriction

Several justices showed little enthusiasm today for a federal law that restricts TV ads by unions and businesses in the weeks before an election, SCOTUSblog reports. The appeal began as a challenge to the Bipartisan Campaign Reform Act of 2002 as it was applied, but now it seeks to overrule…

Apr 25, 2007 7:52 PM CDT

Court Weighs Suits By Congressional Employees

The U.S. Supreme Court will have to sort through a tangle of issues in a case that asks whether the speech or debate clause gives immunity to members of Congress for their hiring and firing decisions, according to the Washington Post. Brad Hanson is suing former Sen. Mark Dayton of…

Apr 25, 2007 7:00 PM CDT

Judge Withdraws Terror List Ruling

Acting on a government motion, a federal judge has withdrawn a ruling that the Bush administration unconstitutionally designated 27 groups and individuals as terrorists, the New York Sun reports. At the time, Judge Audrey Collins of Los Angeles had said the administration had failed to set criteria for making the…

Apr 25, 2007 6:12 PM CDT

Homeless Searches Unconstitutional, Judge Says

A federal judge says Los Angeles police officers are violating the Constitution when they question and sometimes search parolees and probationers without any evidence they committed crimes, the Los Angeles Times reports. The tactics are part of the city’s crackdown on homeless people, the newspaper says. Crime has dropped 35…

Apr 25, 2007 4:27 PM CDT

Court Hears Campaign Funding Case Today

The U.S. Supreme Court today hears a challenge to a federal law that restricts TV ads by unions and businesses in the weeks before an election. The Wall Street Journal (sub. req.) reports that eyes will be on Justice Samuel A. Alito Jr. He replaced retired Justice Sandra Day O’Connor,…

Apr 25, 2007 2:44 PM CDT

Justices Skeptical of Traffic Stop

The U.S. Supreme Court considered the rights of passengers in cars during oral arguments yesterday. The New York Times reports that a majority of the justices reacted with skepticism to arguments that a passenger would feel free to leave during a traffic stop. The California Supreme Court had ruled in…

Apr 24, 2007 1:42 PM CDT