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Constitutional Law

Constitutional Law Prof Blog

News, analysis, and commentary on constitutional law issues in the courts, the administration, Congress, and the states; and commentary and analysis on constitutional law scholarship.
By Steven D. Schwinn, Ruthann Robson, Nareissa L. Smith

Post Frequency: 3.1/day

Last Entry: November 04, 2020 at 10:04:25

Don't Ask Don't Tell Unconstitutional: California Federal Judge Rules

Posted on September 10, 2010
In an 86 page opinion issued today, federal district judge Virginia Phillips, Central District of California, ruled that the military's "don't ask, don't tell" policy regulating homosexuality is unconstitutional under the Fifth Amendment's due process clause and under the First...

Third Circuit Declares Hazelton Immigration Ordinances Unconstitutional

Posted on September 09, 2010
In a closely watched case with similarities to the challenges to Arizona's SB 1070 (partially enjoined by a district judge), the Third Circuit issued a 188 page opinion today. Upholding the district judge, the panel unanimously agreed that the two...

Tattooing Protected as Expressive Speech

Posted on September 09, 2010
In the opinion in Anderson v. Hermosa Beach, the Ninth Circuit found a municipality?s total ban on tattoo parlors unconstitutional. The panel first found that tattooing is expressive activity, rejecting the argument that tattooing was mere expressive conduct entitled to...

Sri Lankan Constitutional Amendment Increases Presidential Power

Posted on September 09, 2010
The Sri Lankan Parliament this week voted to approve a constitutional amendment, the Eighteenth Amendment, that removes the two term limit on the presidency and authorizes the President to appoint the chairs and members of several key independent commissions, judges,...

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Second Circuit Upholds Bankruptcy Reform Act, Extends Milavetz

Posted on September 08, 2010
The Second Circuit today upheld sections of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) against a free speech challenge by the Connecticut Bar and bankruptcy attorneys. The ruling applied and extended the Supreme Court's March 2010...

Ninth Circuit Dismisses Torture Claims Based on State Secrets Privilege

Posted on September 08, 2010
A sharply divided (6-5) Ninth Circuit today ruled in Mohamed v. Jeppesen Dataplan that the state secrets privilege compelled the dismissal of Binyam Mohamed's claims against Jeppesen Dataplan, Inc., for its role in his extraordinary rendition and torture...

Eleventh Circuit Grants En Banc on Orlando's Prohibition of Feeding in the Parks

Posted on September 07, 2010
An Orlando, Florida Ordinance requires a permit for a "large group feeding" in a public park, and further provides that: The Director of Families, Parks and Recreation or his/her designee shall issue a Large Group Feeding Permit upon application and....

SCOTUSblog Revamped

Posted on September 07, 2010
In time for the new Court term, the incredibly useful and wonderful SCOTUSblog has revamped its look and its organization - - - in a new version it is calling "SCOTUSBlog 4.0." The SCOTUS Wiki will be phased out, a...

Labor Day Scholarship Pick

Posted on September 06, 2010
James Gray Pope, Contract, Race, and Freedom of Labor in the Constitutional Law of "Involuntary Servitude," 119 Yale L.J. 1474 (2010). Full article available here; abstract: The Supreme Court has yet to adopt and apply a standard for assessing labor....

Funding Policy Discriminates Against Religion, Seventh Circuit Rules

Posted on September 04, 2010
A divided panel of the Seventh Circuit ruled last week that a university's policy of declining to fund student group worship, proselytizing, and religious instruction unconstitutional. The case, Badger Catholic v. Walsh, highlights the shortcomings in the Supreme Court's approach...

Eavesdropping on Police?

Posted on September 02, 2010
The American Civil Liberties Union of Illinois yesterday filed suit in federal court against Cook County State's Attorney Anita Alvarez seeking to enjoin enforcement of the state's eavesdropping law against the ACLU program to record statements of police officers...

Federalism, Criminal Law and Immigration Conference

Posted on September 01, 2010
Karla McKanders (pictured left), University of Tennessee College of Law, and Jennifer Chacon (pictured right), University California Irvine School of Law, are among the speakers at the November 5, 2010 Symposium on Federalism to be held at Loyola Law New...

Sotomayor on Berghuis v. Thompkins

Posted on September 01, 2010
Speaking at University of Denver College of Law last week, Justice Sotomayor responded to a law student's query about the Court's decision this past June in Berghuis v. Thompkins, in which she authored a dissenting opinion, joined by Justices Ginsburg,...

Petition to Mandate California Governor File an Appeal in Perry v. Schwarzenegger (Proposition 8) Decision

Posted on September 01, 2010
The possibility that the "proponents" of Proposition 8 who participated in the trial but may nevertheless lack standing to appeal has provoked a petition in state court to require the Governor or the Attorney General to appeal. The petition and...

Ladies Nights?

Posted on September 01, 2010
Are "Ladies' Nights" - - - when a bar or nightspot offers women lower rates than men - - - unconstitutional as a violation of equal protection? To even consider that issue, the threshold of state action has to be...

ACLU, CCR Sue to Stop Administration's Targeted Killings

Posted on August 31, 2010
The ACLU and the Center for Constitutional Rights yesterday filed suit in federal court in the District of Columbia to stop the administration's targeted killing of Anwar al-Aulaqi, a U.S. citizen living in Yemen and allegedly plotting terrorism against the...

State Constitutionalism Conference at Penn State

Posted on August 30, 2010
Registration and more information here. RR

Judicial Appointment Process in Kansas Under Fire

Posted on August 27, 2010
A group of Kansans this week challenged the selection and appointment process for Kansas Supreme Court justices under the Fourteenth Amendment Equal Protection Clause. Plaintiffs argue that the process deprives them of their fundamental right to vote and seek to...

Women's Equality Day

Posted on August 26, 2010
A Joint Resolution of Congress in 1971 designated August 26 as Women's Equality Day. It's the date that the Nineteenth Amendment, ratified by the requisite number of states on August 18, 1920, became effective. the Resolution provides:WHEREAS, the women of...

Constitution and Criminal Justice Conference at FSU

Posted on August 26, 2010
More information and registration information here. RR

It's Final: Jean's Out of Haiti's Presidential Race

Posted on August 25, 2010
An attorney from the Haitian electoral commission's legal department told the BBC that the commission's rejection of Wyclef Jean's candidacy for president is final. According to the attorney, the country's election law states that commission decisions cannot be appealed...

South Africa's Public Information Bill

Posted on August 24, 2010
President Jacob Zuma and the ruling African National Congress are reportedly pushing a bill designed to classify--and limit access to--certain government, commercial, and personal information. But opponents of the measure argue that the government could use the bill to crack...

Haitian Electoral Commission Rejects Jean, Others

Posted on August 23, 2010
The Haitian electoral commission late Friday rejected Wyclef Jean and 14 other candidates for president in the November election. Jean said he would appeal the ruling, although it's not clear that the ruling can be appealed. The Christian Science Monitor...

Australia's Election Inconclusive

Posted on August 22, 2010
Julia Gillard, head of the Australian Labor Party is negotiating with minority parties to form a government, as is Tony Abbott, the leader of the Liberal Party (the right-leaning party). Gillard (pictured right with the US Ambassador to Australia, Jeff...

Dr Laura's First Amendment Claim: The Problem of State Action

Posted on August 20, 2010
The United States Constitution protects individuals from government action, and not from private action (with the exception of the Thirteenth Amendment). It is a concept most ConLawProfs discuss in our courses, focusing on cases such as Shelley v. Kraemer (1948)...

Does Wyclef Jean Qualify to Serve as President of Haiti?

Posted on August 20, 2010
A Haitian election official said this week that hip-hop star Wyclef Jean does not qualify to serve as president of Haiti, according to the Guardian. (The New York Times reports here.) Jean, who announced his candidacy earlier this month and...

State Police Cross Memorials Violate Establishment Clause

Posted on August 20, 2010
A three-judge panel of the Tenth Circuit ruled on Wednesday that 12-foot high crosses erected on public land to memorialize fallen Utah Highway Patrol (UHP) officers by the the Utah Highway Patrol Association (UHPA), with permission of state authorities, violated...

Justice Souter's New Opinion on Free Speech, Schools, and the Armenian Genocide

Posted on August 19, 2010
While there has been some discussion of having retired Supreme Court Justices sit by designation on the United States Supreme Court, Souter is sitting by designation on the First Circuit. The rather brief - - - at least by Supreme...

The Nineteenth Amendment: Tennessee's Ratification Ninety Years Ago Today

Posted on August 18, 2010
Tennessee became the necessary 36th state to ratify the Nineteenth Amendment on August 18, 1920. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on...

Victor Goode on Birthright Citizenship and the Fourteenth Amendment

Posted on August 18, 2010
Explaining the birthright citizenship debate in constitutional and political terms clearly and without rancor is no small feat. Victor Goode's commentary for Colorlines argues the tension between America?s democratic ideals and its long history of racism on the question of...

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