Articles Posted in Constitutional Law

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 opinion and with centuries of historical practice and precedents."


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 the Constitution. (This case involved…


Listen to the October, 2018 oral arguments presented to the Court and learn more about new cases on the docket.


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 clause, shielding him from self-incrimination. He had been found with a blood alcohol level of 0.086, which is over the legal limit, at the hospital after the car crash had occurred.


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 preliminary injunction…


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, argue that the Manhattan Neighborhood Network (MNN) unconstitutionally banned them from the public access channel, which they argue is a public forum subject to the First Amendment.


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. 


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.


Last week, a Sixth Circuit Court of Appeals three-judge panel in Cincinnati ruled that protestors who attended a Trump campaign rally cannot sue President Donald Trump for having them physically removed.


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.