Articles Posted in Constitutional Law

A judge in Washington, D.C. ruled that gifts from foreign governments to Trump businesses might violate the Emoluments Clause of the Constitution.


The Third Circuit Court of Appeals ruled that the city was justified in attempting to prevent sexual orientation discrimination by withholding referrals of foster children to agencies that do not work with same-sex parents. It did not find any religious persecution or bias that would make the policy unconstitutional under the First Amendment.


In the first of its kind decision, the United States Court of Appeals for the Sixth Circuit issued a unanimous opinion declaring that chalking tires, a common practice in areas without parking meters to track how long a car has been parked in a particular spot, is a violation of the Fourth Amendment.


Posted in: Constitutional Law

Attorney General William Barr has released a redacted version of the Mueller Report today.  Read a copy of the report here. Photo credit: Shutterstock.com/Mark Van Scyoc…


Five parents have filed a lawsuit in response to an emergency order issued last week by New York City Mayor Bill de Blasio's administration declaring a public health emergency and requiring all residents within certain Brooklyn zip codes to be vaccinated against measles or face a $1,000 fine. According to news reports, the action was filed in Brooklyn Supreme Court against the New York City Department of Health, and alleges that the order exceeds the powers of the Public Health Commissioner. It also claims that the City's measures are too drastic in light of its reasons for issuing the order. A judge denied the parents' request for an emergency injunction yesterday, but the parties will appear in court on Thursday.


On Tuesday, April 2, 2019, the American Civil Liberties Union and the Knight First Amendment Institute at Columbia University filed a lawsuit in the United States District Court, District of Maryland, on behalf of five former federal employees challenging the constitutionality of prepublication review. Former government and intelligence agency employees must submit manuscripts and drafts for government review before publication due to a lifelong obligation to keep national security secrets for as long as the information is considered classified by the government. The lawsuit alleges violations of both the First Amendment and the Fifth Amendment.


Rookie justice Brett M. Kavanaugh seemed to take the place of Justice Kennedy during the arguments, suggesting that some partisan gerrymandering can be so extreme that it is unconstitutional.


California has filed a lawsuit in federal district court in Northern California to challenge a new regulation the Trump administration plans to enact in order to block access to abortion and family planning services. Specifically, the case seeks to enjoin new rules adopted under Title X of the Public Health Service Act, a family planning program funded by the federal government. Oregon, Washington, and approximately 20 other states are expected to file suit as well.


A Dallas couple, in their attempt to adopt a Native American foster child, began a court battle involving the Indian Child Welfare Act (ICWA).


Last week, the federal government issued a rule to withhold federal funding for family planning from groups that provide abortions or abortion referrals. To receive federal funding, clinics will need to physically and financially separate any services that receive government funding from organizations that provide abortions or referrals.