Constitutional Law

6933 ABA Journal articles on Constitutional Law.

In new Citizens United case, 2nd Circuit upholds donor disclosure requirement

A federal appeals court has rejected a First Amendment challenge to New York regulations requiring charities to disclose their donors.

The New York-based 2nd U.S. Circuit Court of Appeals ruled…

Retired judge who told teen he would die in prison urges SCOTUS to review and reverse her sentence
A retired Missouri judge says she “deeply regrets” sentencing a youth to 241 years in prison for his role in two armed robberies committed at age 16, and she hopes her decision will be overturned by the U.S. Supreme Court.
5th Circuit says cash bail system in Texas county is unconstitutional

A federal appeals court has ruled that the cash bail system in Harris County, Texas, violates the due-process and equal-protection rights of poor defendants.

The New Orleans-based 5th U.S. Circuit…

En banc 4th Circuit says Trump’s latest travel ban is ‘tainted with animus toward Islam’
A second federal appeals court has ruled against President Donald Trump’s latest travel ban.
Separation of powers lays foundation for judicial independence
Judicial independence is a bedrock principle of the rule of law.

For America, that principle is grounded in Article III of the Constitution, which provides for an independent judiciary, and in Marbury v. Madison (1803), which established that the judiciary has the “province and duty … to say what the law is.”
Is Devin Nunes helping Trump obstruct justice? Legal experts make the argument
The Republican memo released by the House Intelligence Committee could put its chairman, Devin Nunes, in legal jeopardy if he or his staff members coordinated its drafting and release with the White House, a New York Times op-ed asserts.
How Democrats could release their memo without Trump’s approval
President Donald Trump’s objections to the Democratic memo rebutting allegations of FBI surveillance abuse has some law professors spinning out scenarios in which the memo could be released without executive branch approval.
Nunes has considered asking Chief Justice Roberts to testify in FISA warrant controversy
The chair of the House committee that produced a GOP memo alleging surveillance abuse told a radio interviewer that he had considered asking Chief Justice John G. Roberts Jr. to testify.
Habitual drug user takes federal judge’s hint and gets sterilized before sentencing
A habitual drug user who pleaded guilty to using a counterfeit check took a federal judge’s hint and underwent a sterilization procedure before her sentencing.
New York judge rules it’s unconstitutional to set bail without regard to ability to pay
Setting cash bail without considering an accused person’s ability to pay is unconstitutional, a judge in New York state has ruled.
Chemerinsky: Free speech at the Supreme Court
In a term filled with potential blockbuster decisions, it is striking that there are five cases involving issues of freedom of speech. They touch on many different aspects of First Amendment jurisprudence and collectively have the potential for significantly changing the law in this area.
Trump’s lawyers have reportedly advised him to refuse an interview with the special counsel
Lawyers for President Donald Trump have reportedly advised him to refuse an interview with special counsel Robert Mueller, setting up the possibility of a court battle to compel his testimony.

The lawyers fear that an interview could be grounds for perjury charges, the New York Times reports in a story based on four anonymous sources.
Federal judge strikes down Florida’s voting restoration process for felons
A federal judge has ruled that Florida’s system for restoring felons' voting rights has potential for bias and violates the First and 14th Amendments.
ABA president: Special counsel must be unfettered by threats and intimidation tactics
ABA President Hilarie Bass released a statement on Thursday that said special counsel Robert Mueller should not be undermined by “threats, intimidation tactics and interference by other branches of government.”
Pennsylvania legislative leader defies court order to turn over map data in gerrymandering case

Pennsylvania Senate President Pro Tempore Joe Scarnati informed the Pennsylvania Supreme Court he won’t comply with a court order to provide voter records and mapmaking material in a partisan gerrymandering…

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