Fourteenth Amendment

Constitution bars Trump from presidency, 2 conservative law profs conclude in upcoming article

Former President Donald Trump is barred from office under the 14th Amendment because he “engaged in insurrection,” two conservative law professors have concluded in an upcoming law review article.

Aug 14, 2023 10:45 AM CDT

2nd Circuit rejects free exercise challenge to law ending religious exemptions for immunization mandate

A Connecticut law ending a religious exemption for required vaccinations does not violate constitutional guarantees, including the First Amendment right to free exercise of religion, a federal appeals court has held.

Aug 9, 2023 8:41 AM CDT

Ban on lifetime voting for some felons violates Eighth Amendment, 5th Circuit rules

Mississippi’s lifetime ban on voting for felons convicted of some crimes serves no legitimate penological purpose and violates their rights under the Eighth Amendment, a federal appeals court has ruled.

Aug 8, 2023 8:08 AM CDT

9th Circuit dissenters take aim at state-created danger doctrine

The 9th U.S. Circuit Court of Appeals at San Francisco should narrow the state-created danger doctrine, according to four judges who dissented when the appeals court refused to grant an en banc rehearing in a lawsuit over a mother’s drowning of her 10-month-old twins.

Aug 3, 2023 10:30 AM CDT

Why Trump could be charged with a civil rights violation in Jan. 6 investigation

A possible charge in the special counsel’s investigation of former President Donald Trump is a violation of a civil rights statute that has been used in the past to prosecute vote fraud.

Jul 20, 2023 9:52 AM CDT

6th Circuit panel believes law banning transgender care for minors is likely constitutional

A federal appeals court on Saturday allowed Tennessee to enforce a law that bans gender-affirming surgeries, puberty blockers and hormones for transgender minors. But the appeals court acknowledged “we may be wrong” and expedited the appeal.

Jul 10, 2023 10:05 AM CDT

Weekly Briefs: Decision overturning skirts-only rule survives; ‘Hurricane Carter’ judge dies

SCOTUS lets stand decision overturning skirts-only rule The U.S. Supreme Court on Monday let stand a federal appellate decision holding that a public charter school in North Carolina violated the equal protection clause when it required girls to wear skirts. The case is Peltier v. Charter Day School. (American Civil…

Jun 30, 2023 3:30 PM CDT

Justice Ketanji Brown Jackson makes her mark during first term on the Supreme Court

Justice Ketanji Brown Jackson “has hit the ground running,” says Ralph Richard Banks, a professor at Stanford Law School and faculty director of the Stanford Center for Racial Justice. “She seems to have already found her voice, both literally in oral arguments and in her opinions.”

Jun 29, 2023 10:12 AM CDT

SCOTUS strikes down race-conscious admissions programs at Harvard, University of North Carolina

Citing the 14th Amendment’s equal protection clause, the U.S. Supreme Court on Thursday struck down race-conscious admissions programs at Harvard University and the University of North Carolina.

Jun 29, 2023 9:36 AM CDT

Supreme Court OKs state’s corporate consent-to-jurisdiction law, but door is ajar for future challenges

The U.S. Supreme Court on Tuesday upheld a Pennsylvania law that requires companies to consent to personal jurisdiction in state courts if they do business there.

Jun 28, 2023 8:36 AM CDT

3 judges block state restrictions on gender-affirming health care in 1 week’s time

Within a one-week period, federal judges have blocked laws in three states that restrict gender-affirming health care for transgender people.

Jun 22, 2023 11:22 AM CDT

In ‘savvy move,’ Trump special counsel avoids charge that bans violators from office

Special counsel Jack Smith is taking a “fist-inside-a-kid-glove approach” in the classified documents case against former President Donald Trump, according to an article in the New York Times.

Jun 20, 2023 1:01 PM CDT

If SCOTUS rules against racial preferences, this 4th Circuit decision presents next issue

If the U.S. Supreme Court restricts the consideration of race in college admissions, there is another looming issue: whether schools can use race-neutral tools that boost diversity.

May 31, 2023 11:59 AM CDT

Did court fail to ‘disentangle race from politics’ when it overturned voting map? SCOTUS to decide

The U.S. Supreme Court will hear an appeal to a decision striking down a redrawn South Carolina congressional district for discriminating against Black voters. The court on Monday noted probable jurisdiction in the case, which involves mandatory rather than discretionary jurisdiction, SCOTUSblog reported in a preview. A three-judge panel had…

May 15, 2023 12:15 PM CDT

Biden administration officials debate constitutional challenge to debt limit

Officials in the Biden administration are debating a challenge to the debt limit that is based on the 14th Amendment’s public debt clause.

May 4, 2023 8:38 AM CDT