Articles Posted in Constitutional Law

US Supreme Court Decides Three Cases This Week Updated: Published by:

The US Supreme Court issued three decisions this week. In the first, Moore v. Texas, the Court reversed the Texas Court of Criminal Appeals on a death penalty case that had already come before the Court once, during its 2016 term. This time, the Court made its decision without oral…

United States Supreme Court Justice Clarence Thomas Calls for Return to Originalism in First Amendment Jurisprudence Updated: Published by:

On Tuesday, February 19, 2019, the United States Supreme Court denied certiorari in Katherine Mae McKee v. William H. Cosby, Jr., 586 U.S. ___ (2019), a lawsuit concerning Katherine McKee's claim against Bill Cosby for defamation where Cosby's lawyers released a letter allegedly damaging McKee's reputation for truthfulness and honesty. The…

16 States File Lawsuit Challenging Trump’s Emergency Declaration to Fund Border Wall Updated: Published by:

A group of 16 states, including the border states of California and New Mexico, has gone to court to challenge the Trump administration's attempt to invoke emergency powers in order to fund the construction of a border wall. The lawsuit, which was filed in federal district court in San Francisco,…

Montana Women Detained for Speaking Spanish Now Suing US Customs and Border Protection Officers Updated: Published by:

In the latest legal challenge to the US Customs and Border Protection agency's broad authority over the border zone, two women from Montana have filed suit after being detained at a gas station solely for speaking Spanish.

Oyez.org: Supreme Court Oral Argument Preview Updated: Published by:

On February 25th, 2019, the US Supreme Court will hear arguments in Manhattan Community Access Corporation v. Halleck, a case that has garnered press attention for its First Amendment subject matter. The Court is being asked to consider, “when (if ever) the actions of a private nonprofit corporation operating a…

En Banc United States Court of Appeals for the Ninth Circuit Rules That Warnings for Sugar Sweetened Beverages Likely Violates the First Amendment Updated: Published by:

On Thursday, January 31, 2019, the United States Court of Appeals for the Ninth Circuit published its en banc opinion in American Beverage Association v. City and County of San Francisco, No. 16-16072 (9th Cir. 2019), reversing and remanding the district court's denial of a preliminary injunction. The Ninth Circuit…

Jail Sued, to be Visited by Federal Judge Due to Freezing Conditions and Lockdown Updated: Published by:

The Metropolitan Detention Center (M.D.C.), a federal jail in Brooklyn, is the subject of a new lawsuit and will be toured by a federal judge and senior federal defender after a power outage caused corrections officials to reportedly hold inmates on at least partial lockdown for days with no heat.…

Federal Court Allows California to Set Separate Carbon Fuel Standards Updated: Published by:

California has implemented a Low Carbon Fuel Standard program since 2011, requiring sellers of oil, ethanol, and other fuels to reduce the carbon intensity of their fuel within certain deadlines. (Alternatively, they can buy credits from other companies that meet the requirements of the program.) Entities in the ethanol and…

US Supreme Court Allows Trump Ban on Transgender Troops to Temporarily Take Effect Updated: Published by:

In an order issued today, the US Supreme Court has granted the Trump administration's request to stay orders in two cases filed in federal district courts within the 9th Circuit to block the administration's policy banning most transgender people from serving in the military from going into effect. The Court's…

City of Flint Not Immune From Water Crisis Lawsuit in Federal Court Updated: Published by:

The US Court of Appeals for the Sixth Circuit has ruled that the City of Flint is not immune from the federal lawsuit pending against it following the infamous decision by public officials to save costs by switching the city's water supply to corrosive Flint River water that would be…