Articles Posted in Constitutional Law

The Seventh Circuit Court of Appeals recently struck down a law regulating abortions signed into law in March of 2016 by then Indiana Governor Mike Pence. Called the “Sex Selective and Disability Abortion Ban”, the law imposed restrictions on a woman’s ability to have an abortion based on her reasons for seeking the abortion. The law prohibited a person from performing an abortion if the person knows the woman is seeking an abortion solely for one of the enumerated reasons related to the disposition of the fetus, and required those performing abortions to inform women of the provisions. The prohibited reasons included seeking an abortion based on the sex of the fetus, whether the fetus had been diagnose with a disability, or its race, color, national origin or ancestry.

Posted in: Constitutional Law

A federal district court judge in Massachusetts ruled that the Second Amendment does not prevent Massachusetts from banning assault rifles.

Federal District Court Judge Mark E. Walker had some choice words for the administration of Florida Governor Rick Scott in a recent ruling on voting rights. View the full docket and reading the ruling on Justia.

Posted in: Constitutional Law

On Wednesday, April 04, 2018, the U.S Department of Justice filed a lawsuit against California challenging a law that provides the state with the power to purchase federal lands or to designate a specific buyer. Lawmakers who passed the law reasoned that it is needed due to the 46 million acres of federal lands in California, arguing that the Trump administration may use those lands for more logging, oil drilling, or development.

The State of California sued the U.S. Department of Commerce earlier this week after the Department announced its intentions to add a citizenship question to the 2020 census. Read the full complaint on Justia.

Posted in: Constitutional Law
Tagged: US Census

Linda Brown, the young student who was at the center of a 1954 US Supreme Court case to desegregate public schools, passed away earlier this week. She was 76.

A divided Minnesota Supreme Court ruled last week that the Fourth Amendment of the US Constitution protects driveways from warrantless searches. This comes slightly ahead of an anticipated ruling by the US Supreme Court in Collins v. Virginia on a very similar legal issue.

Posted in: Constitutional Law

The ACLU filed a FOIA lawsuit to collect information about the policies, equipment, and training that apply to the search of electronic devices brought by passengers on domestic flights, a practice that may have begun last fall.

On March 13, 2018 the United States Fifth Circuit Court of Appeals issued an opinion regarding Texas Senate Bill 4 (SB4), a Texas law that forbids "sanctuary city" policies throughout the state, and held that SB4's provisions, with one exception, did not violate the Constitution. Read the opinion summary and opinion on Justia.

Last August, an alt-right rally called "Unite the Right" took place in Charlottesville, Virginia that resulted in the death of a woman after a man drove his car into a crowd of counterprotestors. In Sines v. Kessler, Charlottesville residents filed a lawsuit against the co-planners of the rally claiming they conspired to deprive the plaintiffs of their civil rights by encouraging such violence.

Posted in: Constitutional Law