Articles Posted in Constitutional Law

The 9th Circuit Court of Appeal has ruled against President Trump's Executive Order punishing sanctuary cities. Read the full opinion on Justia.

A federal judge has struck down the policy of a high school in Ponte Vedra Beach, which had required an 18-year-old student to use a gender-neutral bathroom. The judge found that the policy was unjustified because the student did not threaten the safety or privacy of other students. Thus, the transgender student…

In a per curiam (unsigned) opinion, the US Court of Appeals for the Ninth Circuit held on Wednesday that the policy and practice of the Chino Valley Unified School District Board of Education to include a prayer in a portion of school board meetings that is open to the public and includes student attendees and participants.

On Wednesday, a federal judge ruled against President Trump’s latest attempt to hinder a lawsuit that discusses Trump’s alleged violation of the U.S. Constitution through his continued business transactions with foreign governments. The ruling was made by U.S. District Judge Peter J. Messitte and will enable the plaintiffs, the attorneys general of Maryland and the District of Columbia — to move forward with their lawsuit, which argues that Trump has violated anti-corruption clauses, known as emoluments clauses, in the U.S. Constitution.

On Tuesday, July 24, 2018, the United States Court of Appeals for the Ninth Circuit in a 2-1 ruling held that the Second Amendment grants the right to carry guns openly outside the home. With three federal appeals courts having found no right to carry guns openly in public, the issue seems ripe for United States Supreme Court interpretation.

In May, the City of Philadelphia announced that it was suspending foster care placements at Catholic Social Services (CSS) and Bethany Christian Services after reports showed that the agencies refused to place children with same-sex couples. Doing so was in violation of the city’s Fair Practices Ordinance. While Bethany agreed to comply with the law, CSS sued to city and argued that it should be allowed to discriminate against same-sex couples in accordance with their religious beliefs.

The law in Tennessee stated that failure to pay court fines and other fees associated with an arrest or imprisonment that lasted more than a year is grounds for taking away a person's driver’s license. The consequences of the law for such individuals means that they will have a more difficult time to earn income, as many employment opportunities require a valid driver’s license. Additionally, driving to and from work without a valid driver’s license runs the risk of getting fined or arrested if caught.

In a 4-3 opinion, the California Supreme Court ruled yesterday that Yelp.com cannot be ordered to remove negative posts against a San Francisco law firm that another judge determined were defamatory. The decision overturns a lower court’s ruling against Yelp, and affirms rules that protect internet platforms from legal liability over users’ posts.

A group of 18 attorneys general has filed a lawsuit against the Trump Administration regarding the separation of families at the border. The Trump Administration’s “zero tolerance” policy has been under strict scrutiny by Democrats as it has resulted in the separation of children and parents. The lawsuit was filed on Tuesday, June 26, 2018 in the US District Court for the Western District of Washington and argues that the separation of children and parents is discriminatory and violates equal protection under the Constitution. The complaint also states that the act of separating families is the Trump Administration's means of deterring immigrants from entering the United States.

On Tuesday, June 26, 2018, United States District Judge Dana M. Sabraw of the Southern District of California granted the American Civil Liberties Union's request for a preliminary injunction seeking to reunite children affected by the Trump Administration's "zero-tolerance" immigration policy.