A group of 16 states, including the border states of California and New Mexico, has gone to court to challenge the Trump administration's attempt to invoke emergency powers in order to fund the construction of a border wall. The lawsuit, which was filed in federal district court in San Francisco, raises not only constitutional issues related to who controls federal spending, but also may turn on issues of standing and statutory interpretation.
Articles Tagged with constitutional law
Jail Sued, to be Visited by Federal Judge Due to Freezing Conditions and Lockdown
The Metropolitan Detention Center (M.D.C.), a federal jail in Brooklyn, is the subject of a new lawsuit and will be toured by a federal judge and senior federal defender after a power outage caused corrections officials to reportedly hold inmates on at least partial lockdown for days with no heat. A different judge has ordered the jail to allow inmates to have visits with their lawyers, which were apparently canceled last week as well.
Federal Court Allows California to Set Separate Carbon Fuel Standards
California has implemented a Low Carbon Fuel Standard program since 2011, requiring sellers of oil, ethanol, and other fuels to reduce the carbon intensity of their fuel within certain deadlines. (Alternatively, they can buy credits from other companies that meet the requirements of the program.) Entities in the ethanol and oil industries recently challenged the…
US Supreme Court Allows Trump Ban on Transgender Troops to Temporarily Take Effect
In an order issued today, the US Supreme Court has granted the Trump administration's request to stay orders in two cases filed in federal district courts within the 9th Circuit to block the administration's policy banning most transgender people from serving in the military from going into effect. The Court's decision permits the ban to be temporarily implemented while the cases progress through the appeals process and any Supreme Court review. The Court denied the Trump administration's request to bypass the appellate process completely, but provides a preview of how the Court will likely rule if it hears these cases on the merits.
Supreme Court Will Review Trademark Case Involving First Amendment Challenge
In the case of Iancu v. Brunetti, the Federal Circuit recently ruled that a section of the Lanham Act was unconstitutional. This federal law governs the registration of trademarks. Section 2(a) of the Lanham Act prohibits the registration of trademarks that are immoral or scandalous. The Federal Circuit reviewed this provision in…
Florida Courts Split on Right of Criminal Suspect to Withhold iPhone Passcode
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…
New Hampshire Judge Prevents Legislature from Tightening Voting Requirements
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…
Kansas Sued Over Birth Certificate Policy Prohibiting Gender Marker Changes for Transgender People
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.
Supreme Court Falls Into Traditional Divisions on Mississippi Gopher Frogs Case
Recently, an eight-justice U.S. Supreme Court heard oral arguments on a case involving Mississippi gopher frogs, which are believed to be in danger of extinction and are limited to a small handful of habitats. To address this issue, the U.S. Fish and Wildlife Service has designated 1,500 acres in Louisiana as a…
North Carolina Democrats Hope to Erode Republican Grasp on Legislature
The North Carolina legislature historically has been dominated by Republicans, but times may be changing in a state known for extremely conservative lawmaking. While the Governor is a Democrat, the Republican supermajority in the legislature has pushed many laws past his veto over the last two years. One of the most notable…