Articles Posted in Constitutional Law

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…

New Hampshire Judge Prevents Legislature from Tightening Voting Requirements Updated: Published by:

Residents of New Hampshire currently can register to vote without presenting proof of living in the location where they are voting. The state legislature recently sought to change this rule, perhaps influenced by President Donald Trump’s unsubstantiated allegations of voter fraud in New Hampshire. However, a judge has issued a…

US Supreme Court to Decide Whether Private Entity Operating Public Access Channel Can Violate Individuals’ First Amendment Rights Updated: Published by:

The US Supreme Court last week agreed to hear a case in which two individuals sued a New York cable-TV public access channel for violating their First Amendment rights by banning them from the channel's services and facilities. In Manhattan Community Access Corp. v. Halleck, the two petitioners, Halleck and Melendez,…

Kansas Sued Over Birth Certificate Policy Prohibiting Gender Marker Changes for Transgender People Updated: Published by:

A lawsuit has been filed in Kansas federal court challenging a state policy prohibiting gender marker changes on birth certificates for transgender people. Along with Tennessee and Ohio, Kansas is one of only three states in the country with such a ban. 

U.S. District Court Judge Rules That Congressional Democrats Have Standing to Move Forward in Foreign Emoluments Case Against President Trump Updated: Published by:

On Friday, September 28, 2018, United States District Court Judge Emmet G. Sullivan ruled that the lawsuit brought by 200 Democratic members of the United States Congress against President Donald J. Trump, alleging violations of the Foreign Emoluments Clause, may move forward in the District of Columbia.