Fifth Amendment

For some parties in LGBTQ landmark cases, June 26 is a special day

Before Roberta Kaplan read the 2013 U.S. Supreme Court opinion that struck down a law banning federal benefits to same-sex married couples, she knew that her client Edie Windsor had won because the majority was written by then-Justice Anthony Kennedy, who had authored earlier opinions supporting same-sex rights. And there was a dissent from then-Justice Antonin Scalia, who had a history of voting against same-sex rights.

Jun 26, 2023 8:44 AM CDT

Judge’s ‘Beowulf’ and Whistler’s mother references raise concerns with Maryland justices

An appeals judge who compared a Black defendant to a monster in the epic poem Beowulf used language that could be interpreted as evoking racial stereotypes, according to the Maryland Supreme Court.

Jun 1, 2023 10:40 AM CDT

SCOTUS rules for grandmother in tax foreclosure takings fight; Jackson again pairs with Gorsuch

Updated: The U.S. Supreme Court ruled Thursday that a 94-year-old woman could pursue a claim that a tax foreclosure sale violated her rights under the Fifth Amendment’s takings clause.

May 25, 2023 11:29 AM CDT

9th Circuit rejects claim that illegal reentry law violated defendant’s right to equal protection

A federal appeals court on Monday rejected a defendant’s claim that his Fifth Amendment equal protection rights were violated by a law making it a crime to reenter the United States after deportation.

May 23, 2023 11:38 AM CDT

What legal theory is Disney using to sue Florida Gov. Ron DeSantis?

Disney’s federal lawsuit against Republican Florida Gov. Ron DeSantis alleges that he violated several constitutional protections by retaliating against the company for its political speech.

Apr 27, 2023 11:20 AM CDT

Can the government seize property for unpaid taxes and keep the surplus after selling it? SCOTUS will decide

The U.S. Supreme Court will consider whether local governments violate the Constitution when they seize property for unpaid taxes, sell it and then fail to return the surplus to the owner.

Jan 17, 2023 12:05 PM CST

Mistaken disclosure of confidential documents leads to suspension for lawyer representing Infowars host

Updated: A Connecticut judge has ordered a six-month suspension for a lawyer representing Infowars host and founder Alex Jones because the attorney “carelessly” handled confidential documents mistakenly released to the opposing counsel in a defamation trial against Jones.

Jan 9, 2023 2:04 PM CST

Weekly Briefs: Accused ‘my guns are bigger’ judge resigns; Texas district attorney resigns, takes the Fifth

Judge who displayed gun on bench resigns

Judge David W. Hummel Jr. of West Virginia has resigned from the bench after a video confirmed that he placed a gun on…

Dec 2, 2022 3:02 PM CST

Former CFO of Girardi Keese is arrested for alleged $10M ‘side fraud’ scheme

Updated: The former chief financial officer of bankrupt Los Angeles law firm Girardi Keese has been arrested on a federal charge of wire fraud.

Nov 9, 2022 1:50 PM CST

Kagan temporarily blocks Jan. 6 committee subpoena for Arizona GOP leader’s phone records

U.S. Supreme Court Justice Elena Kagan on Wednesday issued an administrative stay that blocks a subpoena for a GOP official’s phone records by the congressional committee investigating the Jan. 6, 2021, U.S. Capitol attack.

Oct 27, 2022 9:31 AM CDT

6th Circuit rules against county that seized homes for unpaid taxes, didn’t refund the surplus value

A county in Michigan violated the takings clause when it seized title to homes to satisfy tax debts without giving the owners compensation for their homes’ value above the amount owed, a federal appeals court has ruled.

Oct 17, 2022 3:44 PM CDT

‘Probably the worst day of my legal career,’ says lawyer for Infowars founder in testimony on mistaken revelations

A lawyer for Infowars founder Alex Jones testified in a show-cause hearing last week that the release of confidential medical records to opposing counsel in a defamation trial was due to a wrong link provided by his administrative assistant.

Aug 29, 2022 11:20 AM CDT

Supreme Court should uphold Indian Child Welfare Act, ABA says in amicus brief

The ABA has urged the U.S. Supreme Court to uphold the Indian Child Welfare Act, writing in an amicus brief filed Thursday that Congress enacted the statute “under valid constitutional authority and on the basis of an extensive body of evidence and law.”

Aug 19, 2022 9:28 AM CDT

Proposed Title IX changes could lead to uptick in suits by students accused of campus sexual misconduct

The Biden administration is proposing changes in regulations governing universities’ handling of sexual misconduct claims that could result in more lawsuits by accused students alleging a lack of due process.

Jul 19, 2022 3:23 PM CDT

Miranda violation doesn’t give rise to civil claim for damages, SCOTUS rules

The U.S. Supreme Court ruled 6-3 Thursday that a certified nursing assistant who made an incriminating statement during an interrogation can’t sue the sheriff’s deputy who questioned him without a Miranda warning.

Jun 23, 2022 2:22 PM CDT