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Constitutional Law

8963 ABA Journal Constitutional Law articles.

First Amendment bars kosher inspector from suing Jewish nonprofit, 9th Circuit says

A federal appeals court has found that an inspector who ensured that food products complied with Jewish dietary law cannot pursue a job-related lawsuit against the Union of Orthodox Jewish Congregations of America, a nonprofit corporation that runs the country’s largest kosher certification program.

Jan 2, 2025 1:23 PM CST

Top news stories of 2024

Every year, we like to give our readers a peek behind our analytics and share which of our stories got the most traffic. For 2024, we're sharing the top 10 news stories written for ABAJournal.com and the top five articles that also appeared in our magazine. The Second Amendment, law school rankings and retirement for lawyers all drew attention this year.

Dec 24, 2024 8:00 AM CST

New Jersey bar can reserve positions for members of underrepresented groups, appeals court says

The New Jersey State Bar Association has a First Amendment right to expressive association that would be violated if forced to change a diversity program for leadership positions, a state appeals court has ruled.

Dec 23, 2024 2:22 PM CST

Litigating the Tower of Pisa fiasco

I have always been interested in mistakes, also known as errors, blunders or, in my best legalese, boo-boos. I am especially interested in historical iconic mistakes. I just read that the city of Bologna, Italy, has two towers, “le due torri,” both closed to visitors because they also are now…

Dec 19, 2024 9:04 AM CST

In ‘monumental moment,’ Montana Supreme Court rules for youths claiming right to clean environment

The Montana Supreme Court on Wednesday struck down a state law banning consideration of greenhouse gas emissions in fossil-fuel-permitting decisions, citing a state constitutional provision that guarantees a “clean and healthful environment.”

Dec 19, 2024 9:01 AM CST

Supreme Court will decide whether TikTok ban violates the First Amendment

The U.S. Supreme Court has agreed to consider the constitutionality of a law that bans TikTok in the United States if the company isn't sold.

Dec 18, 2024 2:17 PM CST

Has constitutional-convention threshold already been met? It happened in 1979, GOP lawmaker says

The 34-state threshold for calling a constitutional convention has already been reached, if the U.S. Constitution’s Article V counts any state request for a convention, no matter what the topic, according to a professor at the Georgetown University Law Center.

Dec 17, 2024 2:15 PM CST

NRA must hire court-approved compliance consultant, says judgment in New York’s civil suit

A civil lawsuit that sought the dissolution of the National Rifle Association has ended with a final judgment that reforms the group’s governance and requires court approval of deals to resolve a $5.4 million judgment against former CEO Wayne LaPierre.

Dec 17, 2024 12:11 PM CST

TikTok asks SCOTUS to block law that would shut down app

TikTok has asked the Supreme Court to block a federal law that would shut down the wildly popular platform in the United States next month unless the company divests from Chinese ownership.

Dec 17, 2024 11:25 AM CST

Top Montana court allows gender-affirming care for trans minors during litigation, citing privacy protections

The Montana Supreme Court on Wednesday cited state constitutional privacy protections when it upheld a judge’s decision to block a law that bans gender-affirming care for transgender minors.

Dec 12, 2024 11:52 AM CST

Justice Department IG seeks new protections on seizing communications of lawmakers, journalists

The Justice Department during Donald Trump’s first presidential term used concerning and surreptitious tactics to obtain communications from members of Congress, their staffers and news reporters as prosecutors investigated public leaks of sensitive government information, according to a report released Tuesday by the Justice Department’s inspector general.

Dec 10, 2024 1:15 PM CST

Lawyers who critique critical race theory may challenge Connecticut’s anti-bias ethics rule, 2nd Circuit says

Two lawyers who fear their comments could lead to discipline under Connecticut’s anti-bias ethics rule have standing to sue, a federal appeals court ruled Monday.

Dec 10, 2024 12:45 PM CST

What laws could Trump invoke to fast track deportations?

President-elect Donald Trump has threatened to invoke a 1798 law known as the Alien Enemies Act to remove noncitizens he says are part of a “migrant invasion” in the United States. And he could try to invoke a second law to get the military involved.

Dec 10, 2024 9:45 AM CST

Bar admission denied for applicant who won’t take constitutional oath

A bar applicant who won’t take an oath to support the U.S. Constitution and the New York Constitution has failed to demonstrate that she has the character and fitness to become an attorney, according to a New York appeals court.

Dec 9, 2024 2:22 PM CST

Appeals court upholds nationwide TikTok ban-or-sale law

A Washington federal appeals court has turned away a challenge to a fast-approaching nationwide ban of short-video app TikTok unless it divests from Chinese ownership by Jan. 19, affirming the law as constitutional.

Dec 6, 2024 12:48 PM CST

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