Articles Posted in Constitutional Law

Gun Rights Advocates sue Trump Administration Over ATF’s Bump Stock Final Rule Updated: Published by:

On Tuesday, December 18, 2018, Damien Guedes, a Pennsylvania citizen who purchased a bump stock device in 2014, the Firearms Policy Coalition, Firearms Policy Foundation, and Madison Society Foundation filed a complaint in the United States District Court for the District of Columbia against the Bureau of Alcohol, Tobacco, Firearms,…

Federal Judge in Massachusetts Rules Secretly Recording Government Officials in Public Protected by First Amendment Updated: Published by:

On Monday, a federal judge in Massachusetts ruled unconstitutional a state law that had the effect of prohibiting all secret recordings of any encounter with a police officer or other government official. According to Chief Judge Patti B. Saris, of the US District Court for the District of Massachusetts, the…

U.S. Supreme Court Remands Case to Eighth Circuit to Consider Whether Mandatory State Bar Association Fees Involve Compelled Association and Compelled Speech Updated: Published by:

On Monday, December 3, 2018, the United States Supreme Court vacated the 8th Circuit Court of Appeals's decision in Fleck v. Wetch, No. 16-1564 (8th Cir. 2017) and remanded the case to the 8th Circuit to decide whether mandatory state bar association fees translate to compelled association and compelled speech.

Third Circuit Court of Appeals Upholds New Jersey Gun Control Law Updated: Published by:

The United States Court of Appeals for the Third Circuit has struck down a challenge to a New Jersey law which limits the amount of ammunition, to no more than 10 rounds, that may be held in a single magazine of a firearm. The law was enacted in response to…

Sororities and Fraternities Sue Harvard University Over Single-Sex Organization Policy Updated: Published by:

Two lawsuits were filed earlier this week against Harvard University over a campus policy discouraging private, single-sex organizations. International sorority Alpha Phi, it's local Cambridge chapter, and a housing management company that represents the Delta Gamma Fraternity sued Harvard in Massachusetts state court. The second lawsuit was filed in federal…

United States Department of Justice Argues President Trump Complied With Federal Statutes and the United States Constitution When Appointing Acting Attorney General Updated: Published by:

On Wednesday, November 14, 2018, the United States Department of Justice provided a twenty page memo to President Donald J. Trump arguing that President Trump's appointment of Acting Attorney General Matthew G. Whitaker complied with federal statutes and the U.S. Constitution, and that the appointment is "[c]onsistent with our prior…

Florida Courts Split on Right of Criminal Suspect to Withhold iPhone Passcode Updated: Published by:

Two Florida district courts have reached clashing conclusions on whether a suspect in a criminal case can invoke the Fifth Amendment to withhold their iPhone passcode from law enforcement. In the older case, State of Florida v. Stahl, the court ruled that a criminal suspect does not have this right under…

Minor Whose Driving Resulted in Someone’s Death Cannot Be Forced to Reveal Passcode Updated: Published by:

October 24, 2018 -- The 4th District appellate court ruled in G.A.Q.L. v State of Florida that an intoxicated minor involved in a car crash that killed someone cannot be forced to reveal the passcode to his iPhone. The teen, known as G.A.Q.L., was allowed to plead the Fifth Amendment…