Articles Posted in Constitutional Law

The zero tolerance immigration policy that has led to separating refugee parents from children at the U.S.-Mexico border faces its first legal challenge from a Guatemalan asylee.

A group of large law firms and non-profits have created a nationwide coalition aimed at reuniting immigrant families separated under the Trump administration's "zero tolerance" policy. The coalition's effort has been named Project Corazon, and it will establish a system for parents to confidentially seek legal support in learning the whereabouts of their children. It is estimated that over 2,300 children have been taken from their parents since the administration's policy was implemented this spring.

In one of the most highly anticipated decisions of the term, the US Supreme Court held today that states may require sellers who have no physical presence within the state to collect and remit sales taxes on goods sold to buyers in the state. Justice Anthony Kennedy wrote the opinion for the majority, and Justices Clarence Thomas, Ruth Bader Ginsburg, Samuel Alito, and Neil Gorsuch joined. The decision overrules two prior cases in which the Court established and upheld the so-called "physical-presence rule" for sales tax, citing drastic changes in the reality of shopping and commerce.

Last month, a three-judge Third Circuit panel announced just minutes after oral arguments that it would affirm a district court’s ruling in favor a school district policy that allowed transgender students to use bathroom and locker room facilities corresponding with their gender identity. This unusually quick decision was partly practical, as the judges explained that they wanted to rule before the students’ graduation date.

On Thursday the Supreme Court issued a decision striking down a Minnesota law that prohibited political apparel in polling places. In a 7-2 decision, authored by Chief Justice Roberts, the court held that Minnesota’s political apparel ban violates the Free Speech Clause of the First Amendment.  Justice Sotomayor joined by Justice Breyer, filed a dissenting opinion.

The Rhode Island Governor has signed legislation regulating bump stocks and instituting a "red flag" law, allowing law enforcement to remove weapons from high risk individuals.

Today, in a 7-2 opinion authored by Justice Kennedy, the Supreme Court ruled in favor of a baker who refused to create a cake for a gay couple. The Court held that the Colorado Civil Rights Commission’s actions violated the baker’s right to free exercise of religion under the First Amendment.

On Tuesday, May 29, 2018, the United States Supreme Court denied Planned Parenthood's petition for a writ of certiorari in Planned Parenthood of Arkansas & Eastern Oklahoma v. Jegley (8th Cir. 2017). At issue is an Arkansas abortion law that requires doctors who provide medication abortions to contract with a second doctor who has hospital admitting privileges. Arkansas has three abortion clinics, two of which only offer medication abortions; only the abortion clinic in Little Rock offers surgical abortions. Arkansas would become the seventh state to have only one abortion clinic should the law stand.

A federal district court judge has ruled the President cannot block users from his Twitter account based on their political views. The account is a public forum and as such the President's first amendment rights do not out weigh those of his Twitter followers. Read the full opinion and view the case filings at Justia.

A federal district court judge in Massachusetts recently issued a memorandum and order denying the government’s motion to dismiss a case challenging warrantless searches of electronic device at the US Boarder. The plaintiffs (ten United States citizens and one permanent resident) brought suit in September 2017 against the Department of Homeland Security (DHS), Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) alleging that the defendants’ conduct searching plaintiffs’ electronic devices at ports of entry to the United States violates the Fourth Amendment and First Amendment of the Constitution.