Constitutional Law

7172 ABA Journal Constitutional Law articles.

New suit filed challenging Trump’s asylum requirements and Whitaker’s appointment

Two immigrants who were denied asylum because they entered the United States outside official checkpoints are among the plaintiffs in a new suit that was filed this week in…

In case that could affect Mueller defendants, Supreme Court considers ‘separate sovereigns doctrine’
The U.S. Supreme Court on Thursday appeared unlikely to overturn a doctrine that allows state and federal prosecutions for the same crime.
3rd Circuit upholds ban on firearm magazines carrying more than 10 rounds

A federal appeals court on Wednesday upheld New Jersey’s ban on firearm magazines holding more than 10 rounds.

The 3rd U.S. Circuit Court of Appeals at Philadelphia ruled 2-1 that…

Philadelphia-born US citizen was wrongly held in Florida jail at request of ICE, suit says
A man born in Philadelphia alleges in a lawsuit that a Florida sheriff wrongly held him in jail at the request of immigration authorities who wanted to deport him to Jamaica.
11th Circuit reinstates suit claiming grandmother was sent to male jail because of menopause drugs

A grandmother who is a lawyer and elected official in the Dominican Republic may sue over her placement in a male jail “in the face of considerable information that she…

Another court rules against Trump administration’s grant restrictions to sanctuary jurisdictions
A federal judge in New York City has ruled that the Trump administration did not have the authority to withhold public safety grants from sanctuary jurisdictions that refuse to cooperate in immigration enforcement.
Impeachment talk by federal workers could violate Hatch Act, new guidance says

Updated: New guidance on prohibited political activity by federal employees warns that workplace talk of impeachment and resistance could be banned by the Hatch Act.

The guidance was issued…

Challenge to mandatory bar returns to 8th Circuit after Supreme Court orders reconsideration

The U.S. Supreme Court on Monday ordered a federal appeals court to reconsider a First Amendment challenge to mandatory bar membership by a North Dakota lawyer.

The Supreme Court vacated…

Chemerinsky: How retaliatory-arrest claims relate to the First and Fourth amendments
Maybe the third time will be the charm, and the Supreme Court will finally decide an important issue in civil rights litigation: Does the existence of probable cause for an arrest preclude a First Amendment claim that government officers acted impermissibly in retaliation against speech? In Nieves v. Bartlett, argued on Nov. 26, the court returns to this issue, which it twice before ducked.
What can states seize? SCOTUS will decide whether the excessive fines clause applies to states
The legal question in Timbs v. Indiana, scheduled for argument on Nov. 28 as part of the court’s December sitting, is whether the clause is incorporated against the states by the 14th Amendment.
Judge rules sheriff violated rights of woman held in jail for three months without seeing judge

A federal judge in Mississippi has ruled that a Mississippi county and its sheriff violated the constitutional rights of a woman held in jail for three months without seeing a…

Judge allows transgender woman’s suit challenging Chicago ban on topless female performances

A transgender performance artist can proceed with her suit challenging the Chicago ordinance that prevents her from performing topless or in the nude in establishments that sell liquor.

U.S. District…

Judge strikes down federal ban on female genital mutilation, tosses charges against eight people
A federal judge in Detroit has dismissed charges of female genital mutilation against eight people in a decision that found Congress had no authority to ban the procedure.
CNN drops suit after White House restores Acosta press pass and announces new rules for reporters
CNN has dropped its First Amendment lawsuit against President Donald Trump after the administration agreed to restore a press pass for its chief White House correspondent, Jim Acosta.
As challenges multiply to appointment of acting AG, Supreme Court is asked to weigh in
The U.S. Supreme Court has been asked to decide whether Deputy Attorney General Rod Rosenstein or Matthew Whitaker is the rightful acting attorney general.

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