Constitutional Law

Is qualified immunity based on scrivener’s error? Law review article makes case

Scholars and courts have overlooked what could be a scrivener’s error that changes the text of the law that permits lawsuits against state and local government officials for constitutional violations, according to a February law review article.

May 16, 2023 10:56 AM CDT

States seeking greater reach for their abortion laws may turn to Supreme Court’s pig-welfare decision

A U.S. Supreme Court decision upholding a pig-welfare law could be seized upon by states looking to expand the reach of their abortion regulations.

May 15, 2023 2:35 PM 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

Can US lawmakers sue for information on Old Post Office lease to Trump company? SCOTUS to decide

The U.S. Supreme Court on Monday agreed to decide whether individual lawmakers have standing to sue a U.S. agency for information on the lease of the Old Post Office building to a Trump-owned business. The General Services Administration had leased the Old Post Office in 2013 to a business owned by Donald Trump and his children. The agreement specifically barred any elected official from participating in or benefiting from the lease.

May 15, 2023 10:15 AM CDT

Jackson joins 3 conservative dissenters as Supreme Court upholds California’s pig welfare law

The U.S. Supreme Court on Thursday upheld a California law that bans the in-state sale of pork that comes from pigs raised in tiny stalls.

May 11, 2023 12:06 PM CDT

Pregnant criminal defense lawyer on bed rest loses trial-delay bid in top state court

The Ohio Supreme Court on Sunday rejected a bid by a pregnant lawyer on bed rest to stay a trial scheduled to begin the next day.

May 9, 2023 9:48 AM 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

Rehnquist dropped push for ‘independent state legislature’ theory in Bush v. Gore, Stevens’ papers show

Newly released private papers of then-Justice John Paul Stevens provide insight into U.S. Supreme Court deliberations and concerns before its decisions that decided a presidential election and affirmed the right to abortion.

May 3, 2023 12:42 PM CDT

After School Satan Club must be allowed to meet at school, federal judge says

A federal judge has ordered the Saucon Valley School District in Hellertown, Pennsylvania, to permit the After School Satan Club to meet in school facilities.

May 2, 2023 9:53 AM CDT

Law schools face an inflection point with diversity, equity and inclusion

In recent years, there has been a rise in law students heckling speakers. In 2018, I was shouted down at the CUNY Law School in New York. In 2022, Ilya Shapiro was shouted down at the law school formerly known as Hastings. And more recently, Judge Stuart Kyle Duncan of the Fifth Circuit was shouted down at Stanford Law School.

May 1, 2023 12:06 PM CDT

Top state court withdraws December opinion, rules it can’t interfere with partisan gerrymanders

The North Carolina Supreme Court ruled 5-2 Friday that challenges to partisan gerrymandering by the legislature—the process of drawing voting district lines based on political considerations—can’t be considered by the courts.

Apr 28, 2023 3:42 PM 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

New ABA civics survey finds most Americans perceive decline in civility

An overwhelming majority of Americans agree that civility has sharply declined in our country. That’s one of the key findings of the fifth annual ABA Survey of Civic Literacy, which was released ahead of Law Day on May 1.

Apr 27, 2023 9:30 AM CDT

Gun owner who challenged ban on bump stocks wins in latest 6th Circuit decision

A federal appeals court has ruled in favor of a gun owner who challenged a federal regulation that bans bump stocks—the devices that dramatically accelerate gunfire on semi-automatic rifles.

Apr 27, 2023 9:11 AM CDT

Chemerinsky: Expect momentous decisions from the Supreme Court as term ends

Unless there is an emergency matter to be heard, the U.S. Supreme Court completed oral arguments for the October 2022 term April 26. The court is expected to hand down decisions by the end of June in all of the argued cases, with a flurry of decisions in the most high-profile cases expected at the very end. What are likely to be the most important rulings from the October 2022 term?

Apr 27, 2023 8:51 AM CDT