Articles Posted in Constitutional Law

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.

9th Circuit Rules That Top Charitable Donors in California Must Disclose Information Updated: Published by:

Arguing for the charities' right of free association, a public interest law firm and a charitable group co-founded by the Koch brothers had challenged the disclosure of information, stating that the requirement chills donor contributions.

North Carolina Democrats Hope to Erode Republican Grasp on Legislature Updated: Published by:

The North Carolina legislature historically has been dominated by Republicans, but times may be changing in a state known for extremely conservative lawmaking. While the Governor is a Democrat, the Republican supermajority in the legislature has pushed many laws past his veto over the last two years. One of the…

Federal Court Strikes Down North Carolina Voting District Plan Before November Elections Updated: Published by:

With the November elections looming, North Carolina may be required to reorganize its congressional districts. Three federal judges in the Fourth Circuit Court of Appeals ruled this week that the legislature had violated the Constitution by gerrymandering districts to favor Republicans over Democrats, as openly acknowledged by Republican state legislators.…