Constitutional Law

Supreme Court Rejects Appeal in Secret Abortion Bias Case

The U.S. Supreme Court declined to hear a publisher’s appeal of a ruling that had sealed the court record of an abortion bias case. The secret suit was filed by a woman who claimed she was fired because she had an abortion, the Associated Press reports. The Philadelphia-based 3rd U.S.…

Nov 11, 2008 7:20 PM CST

Supreme Court to Consider Request to Display ‘Seven Aphorisms’

The U.S. Supreme Court will hear oral arguments Wednesday in a case that asks whether a public park is required to display a monument donated by a small religious group called Summum, a name that refers to the sum of all creation. The Utah park already contains a Ten Commandments…

Nov 11, 2008 5:23 PM CST

Justices Appear Open to a Ruling Requiring Lab Workers to Testify

The U.S. Supreme Court heard arguments yesterday on whether the Sixth Amendment requires lab workers to be available for cross-examination about their forensic reports. The justices “appeared open to ruling” that testimony is required about the analysis of drug, blood or other forensic evidence, USA Today reports. Justice Anthony M.…

Nov 11, 2008 3:49 PM CST

Amish Families to Sue N.Y. Town Over Building Code Enforcement Issues

Contending that their First Amendment right to religious freedom is being abridged by too-zealous enforcement of a New York municipality’s building codes, a group of Amish families plans to file a federal suit against Morristown. “Lori H. Windham, an attorney for the Becket Fund for Religious Liberty of Washington, D.C.,…

Nov 10, 2008 7:58 PM CST

Obama to Bring Gitmo Detainees to US Courts, Associated Press Says

In a potential move that could change the landscape of the nation’s criminal justice system, president-elect Barack Obama reportedly has asked his advisers to put together a plan to close the U.S. military detention facility at Guantanamo Bay, Cuba, and bring detainees who are not released here for trial. While…

Nov 10, 2008 7:28 PM CST

Supreme Court Turns Down Challenges to Victim Impact Videos

The U.S. Supreme Court has refused to hear two cases that ask whether jurors considering the death penalty can consider emotional videos as victim impact evidence. Justices David H. Souter, John Paul Stevens and Stephen G. Breyer voted to hear the cases. The number was one vote shy of the…

Nov 10, 2008 3:43 PM CST

Mass. AG to Make First Supreme Court Appearance in Sixth Amendment Case

Massachusetts Attorney General Martha Coakley makes her first U.S. Supreme Court appearance today to argue that the state is not obligated to produce forensic scientists for courtroom testimony about their lab reports. The argument raises Coakley’s profile at a time she has indicated an interest in replacing Sen. John Kerry…

Nov 10, 2008 3:12 PM CST

Personnel Board Upholds Firing of Calif. Lawyer Who Questioned Labor Regs

A California state employment lawyer who criticized emergency regulations on employee meal and rest breaks says he’s considering a lawsuit after he failed to win his job back. The State Personnel Board ruled last week that lawyer Miles Locker had undermined the trust essential to the attorney-client relationship and upheld…

Nov 10, 2008 2:53 PM CST

Illinois ‘Choose Life’ License Plates Not Required, 7th Circuit Says

Overruling a federal trial judge, the Chicago-based 7th U.S. Circuit Court of Appeals has held that the state of Illinois is not required to issue “Choose Life” license plates sought by individuals who oppose abortion. “The three-judge panel said a decision by Illinois lawmakers not to authorize the ‘Choose Life’…

Nov 7, 2008 5:51 PM CST

ABA President Decries Expensive Judicial Races

The home state of ABA President H. Thomas Wells Jr. was the site of this year’s most expensive judicial race, and Wells isn’t happy about it. Wells said in a press release issued today that judges in Alabama and states like it are set up to rely on campaign contributions…

Nov 6, 2008 6:52 PM CST

Nature of Constitutional Change at Issue in Calif. Gay Marriage Ban Suits

Three petitions were filed in the California Supreme Court Wednesday challenging a voter-approved referendum banning gay marriage in the state. At issue is whether the change is a simple amendment to the state Constitution that can be approved by a simple majority of the voters or a far-reaching revision requiring…

Nov 6, 2008 12:04 PM CST

State Voters Ease Pot Laws, OK Affirmative Action Ban and Right to Die

The ban on gay marriages approved by California voters yesterday was one of several measures on state ballots that touched on legal issues. The Wall Street Journal Law Blog summarized several major ballot initiatives. According to the blog, voters: • Approved constitutional amendments banning same-sex marriage in Arizona and Florida,…

Nov 5, 2008 7:25 PM CST

Gay Marriage Ban Wins in Calif., Raising Doubts on 18,000 Weddings

Updated: A proposed constitutional amendment to ban gay marriage in California has passed, raising questions about the estimated 18,000 gay weddings performed in the state. The California Supreme Court had ruled 4-3 in May that gays have a constitutional right to marry. The Los Angeles Times reports that the constitutional…

Nov 5, 2008 1:13 PM CST

No Fleeting Expletives Uttered in Supreme Court Oral Arguments

Broadcast lawyer Carter Phillips reportedly used two four-letter words in oral arguments before a federal appeals court in the so-called fleeting expletives case, but he didn’t offer a repeat performance today before the U.S. Supreme Court. SCOTUSblog and the Wall Street Journal Law Blog report that neither Phillips nor Solicitor…

Nov 4, 2008 7:33 PM CST

1 Voter Strips to Bra, Another Walks in Texas T-Shirt Disputes

At least two women voters in the Texas area found out only after they got to their polling places about the sweeping scope of a state law banning election paraphernalia, at least as those applying the law are interpreting it. One woman stripped to her bra during early voting, after…

Nov 4, 2008 7:15 PM CST