#constitutional-law

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Trump is back and ready to change America

Trump is poised to implement significant executive actions that challenge existing legal frameworks.
#equal-rights-amendment

Gillibrand Presses Biden to Amend the Constitution to Enshrine Sex Equality

Senator Gillibrand urges President Biden to add the Equal Rights Amendment to the Constitution to protect abortion rights before his presidency ends.

The Real Leaders On The Equal Rights Amendment

Biden declares the Equal Rights Amendment as the law of the land following Virginia's ratification.

Dear Jurisprudence: Should Joe Biden Just Add the Equal Rights Amendment to the Constitution?

The Equal Rights Amendment is facing significant legal challenges but remains a crucial issue for guaranteeing sex-based equality in the U.S. Constitution.

What Biden's Move on the Equal Rights Amendment Could Actually Do

Biden claims the Equal Rights Amendment is ratified and part of the Constitution, emphasizing sex equality as a fundamental principle.

Trump Transition Live Updates: Cabinet Pick News and Trump Inaugural Fund Donations

Senator Gillibrand urges President Biden to add the Equal Rights Amendment to the Constitution to protect abortion rights and enhance his legacy.

WaPo Fact-Checks Biden's Declaration of a 28th Amendment: There Are Still Only 27'

President Biden's announcement about the Equal Rights Amendment being ratified is factually incorrect according to constitutional guidelines.

Gillibrand Presses Biden to Amend the Constitution to Enshrine Sex Equality

Senator Gillibrand urges President Biden to add the Equal Rights Amendment to the Constitution to protect abortion rights before his presidency ends.

The Real Leaders On The Equal Rights Amendment

Biden declares the Equal Rights Amendment as the law of the land following Virginia's ratification.

Dear Jurisprudence: Should Joe Biden Just Add the Equal Rights Amendment to the Constitution?

The Equal Rights Amendment is facing significant legal challenges but remains a crucial issue for guaranteeing sex-based equality in the U.S. Constitution.

What Biden's Move on the Equal Rights Amendment Could Actually Do

Biden claims the Equal Rights Amendment is ratified and part of the Constitution, emphasizing sex equality as a fundamental principle.

Trump Transition Live Updates: Cabinet Pick News and Trump Inaugural Fund Donations

Senator Gillibrand urges President Biden to add the Equal Rights Amendment to the Constitution to protect abortion rights and enhance his legacy.

WaPo Fact-Checks Biden's Declaration of a 28th Amendment: There Are Still Only 27'

President Biden's announcement about the Equal Rights Amendment being ratified is factually incorrect according to constitutional guidelines.
moreequal-rights-amendment

What does Sweden's plan to change the constitution mean for dual citizens?

The committee proposed limiting the absolute right to citizenship for dual citizens under specific serious conditions.
#free-speech

TikTok tried to save itself with the First Amendment - and failed

The legal panel's ruling indicates TikTok could face a ban in the US unless ByteDance divests by January 19.

Opinion | Let's Not Bring Back Jail for Swearing

The Supreme Court may reconsider the First Amendment in a way reminiscent of its approach to the Second Amendment, potentially endangering modern free speech rights.

What Conservatives Mean by 'Freedom of Speech'

The perception of free speech is skewed, privileging right-wing expression while disfavoring liberal viewpoints, as evidenced in recent political debates.

Morning Docket: 12.26.24

Arkansas book ban has been deemed unconstitutional, highlighting the necessity of upholding free speech in educational settings.

How Appealing Weekly Roundup

Arkansas Chief Justice defies colleagues over constitutional orders and employment agreements, highlighting deepening conflicts within the state Supreme Court.

TikTok tried to save itself with the First Amendment - and failed

The legal panel's ruling indicates TikTok could face a ban in the US unless ByteDance divests by January 19.

Opinion | Let's Not Bring Back Jail for Swearing

The Supreme Court may reconsider the First Amendment in a way reminiscent of its approach to the Second Amendment, potentially endangering modern free speech rights.

What Conservatives Mean by 'Freedom of Speech'

The perception of free speech is skewed, privileging right-wing expression while disfavoring liberal viewpoints, as evidenced in recent political debates.

Morning Docket: 12.26.24

Arkansas book ban has been deemed unconstitutional, highlighting the necessity of upholding free speech in educational settings.

How Appealing Weekly Roundup

Arkansas Chief Justice defies colleagues over constitutional orders and employment agreements, highlighting deepening conflicts within the state Supreme Court.
morefree-speech
#donald-trump

Trump's Judicial Hero Would Have Hated His Recess Appointments Plan

Trump's proposal to bypass Senate approvals conflicts with Justice Scalia's constitutional principles.

Judge Cannon tossing Trump's case raises risk for acting prosecutors

Cannon's ruling could threaten the future of special counsels and federal prosecutors serving in temporary roles.
The legitimacy of federally appointed officials may be increasingly challenged following this court decision.

Jack Smith Moves to End January 6 Case

The ongoing prosecution of Donald Trump has been dismissed based on constitutional grounds prohibiting indictment of a sitting president or president-elect.

A Scary Post-Election Trump Coup Scenario

Donald Trump's plans for contesting a potential electoral loss in 2024 are ambiguous and complicated by legal and political changes since 2020.

Judge further delays Trump hush money sentencing

Trump's 34 criminal convictions have not hindered his presidential re-election campaign.

Trump's Sentencing Marks the End of a Saga That Helped Him Get Reelected

Trump's hush-money case concludes with an unconditional discharge, highlighting the challenges of prosecuting a sitting president.

Trump's Judicial Hero Would Have Hated His Recess Appointments Plan

Trump's proposal to bypass Senate approvals conflicts with Justice Scalia's constitutional principles.

Judge Cannon tossing Trump's case raises risk for acting prosecutors

Cannon's ruling could threaten the future of special counsels and federal prosecutors serving in temporary roles.
The legitimacy of federally appointed officials may be increasingly challenged following this court decision.

Jack Smith Moves to End January 6 Case

The ongoing prosecution of Donald Trump has been dismissed based on constitutional grounds prohibiting indictment of a sitting president or president-elect.

A Scary Post-Election Trump Coup Scenario

Donald Trump's plans for contesting a potential electoral loss in 2024 are ambiguous and complicated by legal and political changes since 2020.

Judge further delays Trump hush money sentencing

Trump's 34 criminal convictions have not hindered his presidential re-election campaign.

Trump's Sentencing Marks the End of a Saga That Helped Him Get Reelected

Trump's hush-money case concludes with an unconditional discharge, highlighting the challenges of prosecuting a sitting president.
moredonald-trump

Swedish government reported to parliament for citizenship security checks

The Swedish government is directing the Migration Agency to take stringent measures against citizenship applications, raising constitutional concerns.

"We Have to Act": Taxpayers Suing Congressmembers for Funding Genocide Speak Out

Federal taxpayers in northern California are suing Congress members over military aid to Israel, claiming it violates constitutional and international laws.

A New History of High Crimes and Misdemeanors

The concept of impeachment has evolved through American history, often focusing on political matters rather than constitutional issues of war.

How Congress can end DC's lawfare and one-party federal bias

The governance of Washington, DC needs reform to restore its intended purpose as a neutral, non-partisan operating ground for the federal government.

Legalytics Deep Dive #1: All The Presidents' Judges

Judicial appointments by presidents create lasting legacies that shape the future of the judiciary and reflect the values of the nation.
#supreme-court

Transgender Care for Minors Faces Supreme Court Test

Supreme Court to examine Tennessee law on medical care for transgender youth, with implications for constitutional rights.
The law's constitutionality hinges on whether it discriminates based on sex, influencing future legal interpretations of transgender rights.

Supreme Court Turns Down Cases on Admissions, Gender Identity and Guns

The Supreme Court is divided on addressing significant constitutional issues regarding admissions, gender identity, and gun control.

US Supreme Court hears arguments on major transgender case

The Supreme Court case on transgender healthcare could set a national precedent regarding discrimination against trans individuals under the Constitution.

Marbury v. Madison

Marbury v. Madison established judicial review, allowing the Supreme Court to void unconstitutional laws and affirming the Constitution as a legal framework.

Parental Rights Face a Surprising Moment of Truth at the Supreme Court

The Supreme Court's ruling in L.W. v. Skrmetti will significantly impact minors' access to gender-affirming care and broader LGBTQ+ rights.

Trump wins a new, quicker path to SCOTUS overturning his felony conviction

Trump experienced significant legal defeats in his hush-money case, complicating his appeal strategy.
Trump may attempt to leverage these losses for Supreme Court review.

Transgender Care for Minors Faces Supreme Court Test

Supreme Court to examine Tennessee law on medical care for transgender youth, with implications for constitutional rights.
The law's constitutionality hinges on whether it discriminates based on sex, influencing future legal interpretations of transgender rights.

Supreme Court Turns Down Cases on Admissions, Gender Identity and Guns

The Supreme Court is divided on addressing significant constitutional issues regarding admissions, gender identity, and gun control.

US Supreme Court hears arguments on major transgender case

The Supreme Court case on transgender healthcare could set a national precedent regarding discrimination against trans individuals under the Constitution.

Marbury v. Madison

Marbury v. Madison established judicial review, allowing the Supreme Court to void unconstitutional laws and affirming the Constitution as a legal framework.

Parental Rights Face a Surprising Moment of Truth at the Supreme Court

The Supreme Court's ruling in L.W. v. Skrmetti will significantly impact minors' access to gender-affirming care and broader LGBTQ+ rights.

Trump wins a new, quicker path to SCOTUS overturning his felony conviction

Trump experienced significant legal defeats in his hush-money case, complicating his appeal strategy.
Trump may attempt to leverage these losses for Supreme Court review.
moresupreme-court

VIP Amici Say CAFC's Case Against Newman Ignores Disability Act's Safeguards, Threatens Judicial Independence

The Federal Circuit's actions against Judge Newman may threaten judicial independence and justice for other federal judges.

Feldman: The Supreme Court won't save Elon Musk's DOGE plans

Elon Musk and Vivek Ramaswamy's plans face significant legal issues, particularly regarding the constitutional limits on presidential power over congressional appropriations.
#trump-administration

Trump Plans to Seize Control of the Budget Via an Obscure Legal Theory

Trump's proposed budget cuts challenge the constitutional separation of powers, asserting presidential authority over appropriations.
His administration advocates for a broad interpretation of executive power in budget management.

How Trump Could Make Congress Go Away for a While

Trump may exploit an untested constitutional provision to bypass Senate confirmation for Cabinet picks, raising serious legal and political concerns.

What Are Recess Appointments' and How Might Trump Try and Leverage Them?

Trump's approach highlights tensions with Senate Republicans and explores the limits of executive power through potential recess appointments.

Raskin Hopes to Lead House Democrats' Resistance to Trump

Raskin challenges Nadler for Judiciary Committee leadership to strengthen Democratic pushback against Trump's authoritarianism and protect constitutional rights.

Conservative Legal Insider Reports Trump Has Bonkers Plan' to Confirm Unpopular Cabinet Picks

Trump has nominated controversial figures for his administration, raising concerns about their confirmation processes.

Trump Plans to Seize Control of the Budget Via an Obscure Legal Theory

Trump's proposed budget cuts challenge the constitutional separation of powers, asserting presidential authority over appropriations.
His administration advocates for a broad interpretation of executive power in budget management.

How Trump Could Make Congress Go Away for a While

Trump may exploit an untested constitutional provision to bypass Senate confirmation for Cabinet picks, raising serious legal and political concerns.

What Are Recess Appointments' and How Might Trump Try and Leverage Them?

Trump's approach highlights tensions with Senate Republicans and explores the limits of executive power through potential recess appointments.

Raskin Hopes to Lead House Democrats' Resistance to Trump

Raskin challenges Nadler for Judiciary Committee leadership to strengthen Democratic pushback against Trump's authoritarianism and protect constitutional rights.

Conservative Legal Insider Reports Trump Has Bonkers Plan' to Confirm Unpopular Cabinet Picks

Trump has nominated controversial figures for his administration, raising concerns about their confirmation processes.
moretrump-administration
#womens-rights

Abortion rights advocates are celebrating a victory in Wyoming

Wyoming's abortion bans were struck down by a judge due to a state constitutional amendment supporting health care choices.

Abortion is enshrined as a constitutional right in France after lawmakers approve an amendment

France enshrines abortion right in constitution to prevent rollback of rights seen in the US.
France becomes the first country with a constitutional right to abortion since former Yugoslavia.

Abortion rights advocates are celebrating a victory in Wyoming

Wyoming's abortion bans were struck down by a judge due to a state constitutional amendment supporting health care choices.

Abortion is enshrined as a constitutional right in France after lawmakers approve an amendment

France enshrines abortion right in constitution to prevent rollback of rights seen in the US.
France becomes the first country with a constitutional right to abortion since former Yugoslavia.
morewomens-rights
#presidential-immunity

End of Trump Cases Leaves Limits on Presidential Criminality Unclear

Presidential immunity raises questions about accountability for criminal wrongdoing despite ongoing investigations.

"Without Prejudice:" Jack Smith Moves to Dismiss the DC Case - emptywheel

The indictment against Donald Trump must be dismissed due to the categorical prohibition on indicting a sitting President.

Justice Ketanji Brown Jackson Invokes The Former Guy' Trump Nickname In Final Leg Of Supreme Court Immunity Hearing

Justice Ketanji Brown Jackson referenced 'the former guy' nickname for ex-President Donald Trump during a Supreme Court hearing on presidential immunity.

End of Trump Cases Leaves Limits on Presidential Criminality Unclear

Presidential immunity raises questions about accountability for criminal wrongdoing despite ongoing investigations.

"Without Prejudice:" Jack Smith Moves to Dismiss the DC Case - emptywheel

The indictment against Donald Trump must be dismissed due to the categorical prohibition on indicting a sitting President.

Justice Ketanji Brown Jackson Invokes The Former Guy' Trump Nickname In Final Leg Of Supreme Court Immunity Hearing

Justice Ketanji Brown Jackson referenced 'the former guy' nickname for ex-President Donald Trump during a Supreme Court hearing on presidential immunity.
morepresidential-immunity

Lawsuit Says DEA Acting In Bad Faith Over Marijuana

The DEA's resistance to cannabis rescheduling violates federal law and constitutional principles, as stated in a recent lawsuit.
#trump

Experts sound alarm as Trump mulls pardons for January 6 attackers

Trump's potential pardons for January 6 rioters could signal a troubling acceptance of their actions and a challenge to constitutional law.

More Trump Supporters Angry About Accurate Descriptions - See Also

The recent law class focused on Trump revealed students' surprise at the complexities of legal discussions around him.

Marco Rubio is so desperate to be picked as Trump's #2 he's prepared to give up everything

Complete subservience is crucial for Trump's VP candidates.

Experts sound alarm as Trump mulls pardons for January 6 attackers

Trump's potential pardons for January 6 rioters could signal a troubling acceptance of their actions and a challenge to constitutional law.

More Trump Supporters Angry About Accurate Descriptions - See Also

The recent law class focused on Trump revealed students' surprise at the complexities of legal discussions around him.

Marco Rubio is so desperate to be picked as Trump's #2 he's prepared to give up everything

Complete subservience is crucial for Trump's VP candidates.
moretrump
#ten-commandments

The Countdown To Fifth Circuit Mandating Every Student Stare At The 10 Commandments Has Begun

The Louisiana law requiring display of the 10 Commandments in schools was ruled unconstitutional by a federal judge for its religious intent.

Federal Judge Blocks Louisiana Law Requiring Ten Commandments in Classrooms

A federal judge blocked Louisiana's law requiring the display of the Ten Commandments in public schools, stating it was unconstitutional and coercive to students.

The Countdown To Fifth Circuit Mandating Every Student Stare At The 10 Commandments Has Begun

The Louisiana law requiring display of the 10 Commandments in schools was ruled unconstitutional by a federal judge for its religious intent.

Federal Judge Blocks Louisiana Law Requiring Ten Commandments in Classrooms

A federal judge blocked Louisiana's law requiring the display of the Ten Commandments in public schools, stating it was unconstitutional and coercive to students.
moreten-commandments
#gun-control

Judge strikes down Illinois assault weapons ban as unconstitutional

The Illinois gun ban was found unconstitutional due to infringement on the Second Amendment rights of citizens.

Judge blocks California law targeting suppliers of 'abnormally dangerous' firearms

The enforcement of a California law regarding 'abnormally dangerous' firearms has been blocked by a federal judge.
The ruling highlights the ongoing debate over gun liability and control measures in the United States.

Judge strikes down Illinois assault weapons ban as unconstitutional

The Illinois gun ban was found unconstitutional due to infringement on the Second Amendment rights of citizens.

Judge blocks California law targeting suppliers of 'abnormally dangerous' firearms

The enforcement of a California law regarding 'abnormally dangerous' firearms has been blocked by a federal judge.
The ruling highlights the ongoing debate over gun liability and control measures in the United States.
moregun-control
#voting-rights

NY's Prop 1 opens the door to noncitizen voting

Proposition 1 is criticized as a deceptive measure that could enable non-citizen voting while misleadingly framing itself as a protection for abortion rights.

Nebraska Supreme Court Justice Compares Vote Stealing Executives To Patty & Selma

Justice Miller-Lerman criticized state officials for attempting to overturn voting rights restoration, emphasizing adherence to constitutional law.

NY's Prop 1 opens the door to noncitizen voting

Proposition 1 is criticized as a deceptive measure that could enable non-citizen voting while misleadingly framing itself as a protection for abortion rights.

Nebraska Supreme Court Justice Compares Vote Stealing Executives To Patty & Selma

Justice Miller-Lerman criticized state officials for attempting to overturn voting rights restoration, emphasizing adherence to constitutional law.
morevoting-rights

Mother to challenge law after nine of her 10 children taken into care

The law enabling Tusla to act in suspected child abuse cases may face a constitutional challenge.

The Injustice Of Our Rights Regime - emptywheel

The Constitution protects few rights but maintains strict scrutiny for infringements on protected rights.

Religious leaders push back against conservative Christians who "misuse religion... for hatred" - LGBTQ Nation

Religious leaders in Colorado support a ballot measure to remove the constitutional ban on same-sex marriage, emphasizing the need for protection against potential legal changes.
#abortion-rights

Judge overturns North Dakota's near-total abortion ban

North Dakota's judge ruled the near-total abortion ban unconstitutional, affirming women's rights and medical freedom before fetal viability.

France to enshrine abortion rights in country's constitution

Enshrining right to abortion in French constitution is a global first with strong public support.
France aims to protect the right to terminate a pregnancy in its basic law, following the US Supreme Court's decision to restrict abortion rights.

French Senate approves a bill to make abortion a constitutional right

France's Senate approved a bill to enshrine a woman's right to abortion in the constitution, following the National Assembly's approval, moving towards final approval.
President Macron aims to make the right to abortion irreversible by amending the constitution, emphasizing women's freedom and responding to global threats to abortion rights.

Judge overturns North Dakota's near-total abortion ban

North Dakota's judge ruled the near-total abortion ban unconstitutional, affirming women's rights and medical freedom before fetal viability.

France to enshrine abortion rights in country's constitution

Enshrining right to abortion in French constitution is a global first with strong public support.
France aims to protect the right to terminate a pregnancy in its basic law, following the US Supreme Court's decision to restrict abortion rights.

French Senate approves a bill to make abortion a constitutional right

France's Senate approved a bill to enshrine a woman's right to abortion in the constitution, following the National Assembly's approval, moving towards final approval.
President Macron aims to make the right to abortion irreversible by amending the constitution, emphasizing women's freedom and responding to global threats to abortion rights.
moreabortion-rights

South Carolina parents can't spend public money on private schools anymore

Taxpayer money for private school tuition in South Carolina is unconstitutional, affirming the commitment to public education.
#election-integrity

Illegal and Unconstitutional': Cheney Rips Vance Saying As VP He Would Have Followed Trump's Plan to Overturn 2020 Election

Liz Cheney criticizes JD Vance's stance on election certification, asserting it is illegal, unconstitutional, and poses a threat to democracy.

Conservative Former Judge Blames Lawyers For January 6 Insurrection

January 6 insurrection partly attributed to lawyers' actions.

Illegal and Unconstitutional': Cheney Rips Vance Saying As VP He Would Have Followed Trump's Plan to Overturn 2020 Election

Liz Cheney criticizes JD Vance's stance on election certification, asserting it is illegal, unconstitutional, and poses a threat to democracy.

Conservative Former Judge Blames Lawyers For January 6 Insurrection

January 6 insurrection partly attributed to lawyers' actions.
moreelection-integrity

Teen arrested in first violation of New York county's controversial mask ban

The first arrest under Nassau County's face covering ban raises concerns about the law's applicability and constitutional validity.

Florida is allowed to restrict transgender health care, appeals court rules

The federal appeals court upheld Florida's gender-affirming care ban while litigation proceeds, suggesting the state is likely to prevail in the case.

Amazon Joins Elon Musk's SpaceX In Mission to Destroy Federal Agency Protecting Workers

Amazon argues that the National Labor Relations Board is unconstitutional, citing separation of powers and due process violations.

RFK Jr. will fight getting kicked off NY ballot by claiming it's unconstitutional to make him say where he lives

RFK Jr. appeals ruling that removed him from NY ballots due to a 'sham' address, claiming it's unconstitutional to require residency disclosure.

Judge dismisses attempt to stop Ontario Place redevelopment | CBC News

The legal challenge to stop the Ontario Place redevelopment was dismissed by a judge, allowing the project to proceed.

Can King Charles III and the Royal Family Vote in General Elections?

The U.K. monarchy has symbolic roles but no active political power; royalty can legally vote, but it is not practiced for maintaining political impartiality.

Morning Docket: 05.08.24

Aileen Cannon delays classified documents case due to overwhelming motions.
#scotus

Is SCOTUS making it harder to teach constitutional law? Profs 'depleted' and taken aback by 'velocity' of change

SCOTUS using originalism to overturn precedent
Constitutional law professors feeling depleted by rapid changes

O.J.'s Lawyer Stops Playing Tough With The Goldmans - See Also

SCOTUS to hear arguments on Oregon's law soon.

Is SCOTUS making it harder to teach constitutional law? Profs 'depleted' and taken aback by 'velocity' of change

SCOTUS using originalism to overturn precedent
Constitutional law professors feeling depleted by rapid changes

O.J.'s Lawyer Stops Playing Tough With The Goldmans - See Also

SCOTUS to hear arguments on Oregon's law soon.
morescotus

The Texas Immigration Law Is Doomed

Texas law SB-4, granting state officials immigration law enforcement power, is predicted to fail due to constitutional constraints.
Legal analysis sometimes involves predicting outcomes based on practicality rather than searching for correct answers through case law.

Firearm restrictions on defendants awaiting trial are constitutional, 9th Circuit rules

The court ruled the restrictions on possessing guns for defendants awaiting trial were constitutional.
The historical evidence supported the disarmament of dangerous criminal defendants.

Judge blocks Texas law that gives police broad powers to arrest migrants who illegally enter US

Federal judge blocked Texas law expanding police powers for immigration enforcement
Judge cited conflicts with federal immigration law, Constitution's supremacy clause, and potential impact on U.S. foreign relations

Appeals court rules NYC law allowing noncitizens to vote in local elections violates state constitution

Noncitizens voting law in NYC declared unconstitutional by appeals court
Win for those opposing the law including Rep. Malliotakis and Council Republican leader Borelli
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