Constitutional Law

7006 ABA Journal articles on Constitutional Law.

Appeals court refuses to stay defamation suit against Trump by former ‘Apprentice’ contestant
A state appeals court in New York has refused to stay a defamation lawsuit against President Donald Trump by former Apprentice contestant Summer Zervos.
Judge who blocked ads targeting Arkansas justice recuses, along with every other judge in his county

A special judge is being sought to hear a suit filed by Arkansas Justice Courtney Goodson and her re-election campaign after every judge in Washington County recused from the case.

California plans appeal after judge overturns assisted-suicide law
California Attorney General Xavier Becerra said Wednesday his office will seek expedited review of a decision overturning the state’s physician-assisted suicide law.
Giuliani: Mueller lawyers say they won’t indict a sitting president
Special counsel Robert Mueller has concluded he will follow Justice Department rules that bar an indictment of a sitting president, according to Rudy Giuliani, a lawyer representing President Donald Trump.
How a fake story about a Supreme Court decision went viral
According to a story widely disseminated on Facebook, the U.S. Supreme Court has issued “a direct and final blow to the Islamic indoctrination" of America's youth with a decision banning Sharia law from being taught in the classrooms.
Senator asks pointed questions about telecom company’s sale of cellphone location data
A private telecommunications company is selling cellphone user location data to law enforcement agencies, and a Democratic senator has some questions about its compliance with the Fourth Amendment.
Judge orders broadcasters to stop airing ads targeting Arkansas justice
Updated: An Arkansas judge has ordered several television broadcasters to stop airing ads targeting a state supreme court justice that are funded by the conservative group Judicial Crisis Network.
Unauthorized rental-car driver generally has privacy rights in police search, Supreme Court rules

A driver of a rental car who isn’t listed on the rental agreement generally retains a reasonable expectation of privacy under the Fourth Amendment when police seek to search the…

Accused man has the right to insist his lawyer refrain from conceding guilt, Supreme Court rules
The U.S. Supreme Court ruled on Monday that a man accused of murder has the right to insist his lawyer refrain from conceding his guilt at trial.
Forensic search of cellphone seized at border requires some form of suspicion, 4th Circuit says

Some form of individualized suspicion is needed before the government can use forensic software to search a cellphone seized at the border, a federal appeals court said Wednesday.


Trump claims ‘unrevealed conflicts’ by Mueller staffers; Giuliani says Trump could refuse to testify
President Donald Trump and his lawyer Rudy Giuliani took an aggressive stance on special counsel Robert Mueller’s Russia probe on Sunday and Monday.
Judge’s mass contempt trial and ‘high-speed sentencing’ violated due process, appeals court rules

A Pennsylvania judge who sent 54 people to jail for failing to pay fines after holding a mass contempt trial violated the defendants’ due process rights, a state appeals court…

Trump lawyer cites Nixon case in asserting ‘absolute immunity’ in emoluments suit

A lawyer for President Donald Trump claims an emoluments lawsuit should be dismissed because presidents have “absolute immunity” for actions taken upon the assumption of office.

William Consovoy made the…

7 states file suit claiming Obama violated take care clause by creating DACA
Texas and six other states have filed a lawsuit claiming former President Barack Obama violated the Constitution’s take care clause when he created the program protecting immigrants brought to the country illegally as minors.
ABA marks 60th anniversary of Law Day with focus on separation of powers
The ABA is marking the 60th anniversary of Law Day on Tuesday with public events focusing on the theme “Separation of Powers: Framework for Freedom.”

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