Constitutional Law

States can’t regulate social media platforms to achieve ‘speech nirvana,’ Supreme Court says

The U.S. Supreme Court on Monday favored the First Amendment rights of social media companies to moderate content in a decision that sent two cases back to lower courts for more analysis.

Jul 1, 2024 10:25 AM CDT

Former presidents have ‘absolute immunity’ for official acts, says SCOTUS in 6-3 decision

Former presidents are immune from prosecution for official actions taken while in the White House, the Supreme Court ruled on Monday, but do not have immunity for unofficial acts. The 6-3 ruling along ideological lines likely means that Donald Trump’s federal trial could proceed in D.C., but only after additional delay.

Jul 1, 2024 9:35 AM CDT

Supreme Court upholds ban on sleeping in public, says law does not punish status of homelessness

A ban on sleeping or camping on public property in the city of Grants Pass, Oregon, is not cruel and unusual punishment, the U.S. Supreme Court ruled Friday in a case brought by homeless plaintiffs.

Jun 28, 2024 9:56 AM CDT

SEC defendants are entitled to jury trials, SCOTUS rules in case with ‘broad ramifications’

The U.S. Supreme Court ruled Thursday that defendants facing civil penalties for securities fraud before the U.S. Securities and Exchange Commission are entitled to a jury trial under the Seventh Amendment.

Jun 27, 2024 10:07 AM CDT

Supreme Court would allow emergency abortions in Idaho, Bloomberg reports

The Supreme Court would allow emergency abortion care in Idaho for now despite the state’s restrictions on the procedure, according to Bloomberg Law, which viewed a copy of a not-yet-released opinion that was briefly posted on the court’s website Wednesday.

Jun 26, 2024 1:11 PM CDT

Suit filed against Louisiana law requiring Ten Commandments in classrooms

A coalition of groups filed a lawsuit Monday against the state of Louisiana’s new requirement to post the Ten Commandments in every school classroom, claiming parents’ rights are violated by the new law.

Jun 26, 2024 10:00 AM CDT

5th Circuit ‘glossed over complexities,’ Supreme Court says in refusing to curb US social media contacts

Two states and five social media users don’t have standing to sue U.S. officials for allegedly pressuring social media companies to curb protected speech, the U.S. Supreme Court ruled Wednesday.

Jun 26, 2024 9:49 AM CDT

SCOTUS could be next stop after top Oklahoma court rules on state-funded religious school

A contract providing for state funding of an online Catholic charter school violates the First Amendment’s establishment clause, the Oklahoma Constitution and a state law governing charter schools, the Oklahoma Supreme Court ruled Tuesday.

Jun 25, 2024 3:29 PM CDT

5th Circuit rejects nationwide injunction in challenge to task force’s insurer mandates

A task force that issued preventive care mandates for insurance companies under the Affordable Care Act had “unreviewable power” that violated the Constitution, a federal appeals court has ruled.

Jun 25, 2024 1:02 PM CDT

Law students support free speech but want LSAT and bar exams gone, new survey says

The vast majority of law students support free speech, and more than half say the LSAT and bar exams must go, according to a new survey released by the Buckley Institute at Yale University.

Jun 25, 2024 11:34 AM CDT

Judge hears challenge to appointment, funding of special counsel in Trump documents case

A federal judge overseeing the classified documents case against former President Donald Trump heard arguments Friday on whether U.S. Attorney General Merrick Garland had constitutional authority to appoint special counsel Jack Smith.

Jun 24, 2024 3:19 PM CDT

Ban on gender-affirming care for transgender minors will be reviewed by Supreme Court

The U.S. Supreme Court on Monday agreed to review the constitutionality of a Tennessee law that bans gender-affirming surgeries, puberty blockers and hormones for transgender minors.

Jun 24, 2024 12:23 PM CDT

Gun laws aren’t ‘trapped in amber,’ SCOTUS says while upholding restraining-order gun ban

The U.S. Supreme Court on Friday upheld a federal law banning gun possession by those who are subject to domestic-violence restraining orders.

Jun 21, 2024 10:03 AM CDT

5th Circuit took ‘overly cramped view’ of precedent in retaliatory arrest suit, Supreme Court says

The U.S. Supreme Court ruled Thursday for a former city council member who claims that her arrest for placing her citizen petition into a binder stemmed from a retaliatory political vendetta.

Jun 20, 2024 11:30 AM CDT

Louisiana requires Ten Commandments to be displayed in public classrooms

Gov. Jeff Landry (R) signed legislation Wednesday requiring every public classroom in Louisiana to display the Ten Commandments, becoming the first state with such a law and inflaming tensions over the separation between church and state.

Jun 20, 2024 10:15 AM CDT