Articles Tagged with constitutional law

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…

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…

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…

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. 

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…

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…

With the November elections looming, North Carolina may be required to reorganize its congressional districts. Three federal judges in the Fourth Circuit Court of Appeals ruled this week that the legislature had violated the Constitution by gerrymandering districts to favor Republicans over Democrats, as openly acknowledged by Republican state legislators. The judges…

Colorado baker Jack Phillips, who won a decision before the U.S. Supreme Court in June, is suing again following his refusal to bake a cake to celebrate a gender transition. His refusal resulted in a probable cause finding by the Colorado Civil Rights Commission that he had violated Colorado’s public accommodations law.…

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…

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.