Constitutional – Page 191 – Legal News Feed

JDSupra

Navigating Ag-Gag Laws: Essential Guide for Legal Professionals in US Agriculture and Animal Production

Pieter Gunst3 years ago03 mins

A detailed understanding of Ag-Gag legislation, especially for legal professionals working with agricultural and animal production industries in the United States is vital. This legislation, enacted in several states, aims to provide lawful protection to these industries from unauthorized interferences. The legality of these laws, however, continues to remain a point of contention. The legislation,…

JDSupra

Debunking Myths: Analyzing the Constitutional Legitimacy of the CFPB

Pieter Gunst3 years ago03 mins

In recent times, the question of the Consumer Financial Protection Bureau’s (CFPB) constitutional legitimacy has gained increased attention. The hinge point of the discussions is a crucial Fifth Circuit case currently under review by the U.S. Supreme Court. This dispute has bred a plethora of misconceptions. We’re going to debunk three of the most rampant…

JDSupra

Small Business Lending Rule on Hold: Texas Court Awaits Supreme Court Decision in CFPB Constitutionality Case

Pieter Gunst3 years ago02 mins

In a significant development, the U.S. District Court for the Southern District of Texas has stopped the Consumer Financial Protection Bureau (CFPB) from implementing and enforcing the small business lending rule, also known as Section 1071. The Court’s decision to grant an injunction is pending the Supreme Court’s judgement in a related case, Community Financial…

JDSupra

Supreme Court Ruling Spurs Reevaluation of Corporate DEI Practices

Pieter Gunst3 years ago04 mins

The United States Supreme Court issued a ruling on June 29, 2023, which determined affirmative action in the college admissions programs of two notable universities to be unconstitutional. This decision, while specifically addressing only two particular college admissions processes, has elicited a wider debate within the United States. Many political leaders are using the ruling…

JDSupra

CFPB Files Reply Brief in Supreme Court Showdown over Funding Mechanism Constitutionality

Pieter Gunst3 years ago01 mins

The Consumer Financial Protection Bureau (CFPB) has filed its reply brief with the U.S. Supreme Court in Community Financial Services Association of America Ltd. v. CFPB, according to an update from JD Supra. In the case, the Community Financial Services Association of America (CFSA) has requested the Supreme Court to confirm the decision from the…

JDSupra

Pandemic’s Legal Impact: Business Loss Insurance and Abortion Consent Debates in Ninth Circuit Court

Pieter Gunst3 years ago03 mins

This week, two critical matters came under the deliberation of the Ninth Circuit Court of Appeals: the issue of insurance coverage for COVID business losses and the constitutionality of Guam’s in-person informed consent requirement for abortion. At the center of the first issue was a claim by The Oregon Clinic against the Fireman’s Fund Insurance…

Other

Examining Judge Aileen Cannon’s Judicial Missteps and Their Impact on the Legal System

Pieter Gunst3 years ago03 mins

The legal expertise of Trump-appointed judge Aileen Cannon, known for her controversial involvement in the fight over the search warrant for top-secret documents at Mar-a-Lago, has been under increasing scrutiny. While her actions in this high-profile case have drawn public attention, professionals within legal circles are also expressing concern about her numerous judicial missteps in…

Jurist

US Court Approves Connecticut Law Ending Religious Immunization Exemptions

Pieter Gunst3 years ago04 mins

Confirming a significant judicial decision, the US Court of Appeals for the Second Circuit approved Connecticut’s Public Act 21-6, terminating religious exemptions from the state’s immunization requirements. The legislation originally aimed to cover children in schools, students in higher education, and participants in child care. Circuit Judge Denny Chin shared the court’s primary opinion. He…

Jurist

Mississippi’s Jim Crow-Era Felon Disenfranchisement Law Overturned by Appeals Court

Pieter Gunst3 years ago03 mins

The US Fifth Circuit Court of Appeals has overturned a Mississippi constitutional provision dating back to the 1890 Jim Crow era. The provision, known as Section 241, permanently disenfranchised individuals convicted of certain felonies. Judge James Dennis, writing for the majority, maintained that the 1890 Mississippi Constitution was clear in its intention to “ensure the…

Other

9th Circuit Court Divided Over State-Created Danger Doctrine Applicability

Pieter Gunst3 years ago03 mins

In a recent legal development, an intense difference of opinion has emerged within the 9th Circuit Court. The bone of contention focuses on the doctrine of ‘state-created danger’, a legal principle which asserts that state entities can be held responsible when they place individuals in harm’s way. The dissension has surfaced in the wake of…

Other

Trump’s Legal Team Confidently Preparing Strong Defense Amid Political Trial Tensions

Pieter Gunst3 years ago03 mins

As the upcoming political trial continues to develop concerning former President Donald Trump’s challenges to the 2020 election results, Trump’s legal team is confident and prepared. A key component to their defense strategy, as noted by Trump’s lawyer himself, rests on the selection of what he refers to as a ‘very, very wise and learned…

Other

Ethiopia Declares State of Emergency in Amhara Region Amid Ongoing Militia Clashes

Pieter Gunst3 years ago03 mins

On Friday, Ethiopia’s government announced a six-month state of emergency in the Amhara region in the wake of persistent clashes between the military and local Fano militia. As revealed through a press release by Prime Minister Abiy Ahmed’s office, the conflicts have prompted the need for emergency measures to restore peace and order. The resolution…

Supreme Court’s Accountability Debated: Alito and Kagan Disagree on Congressional Oversight Role

Pieter Gunst3 years ago3 years ago01 mins

In an unexpected judicial discourse last week, Justice Samuel Alito declared his viewpoint that the Supreme Court was above regulation by Congress – a view that stirred considerable controversy as reported by various outlets. He stated, “No provision in the Constitution gives them the authority to regulate the Supreme Court—period.” However, this stance has been…

Other

FTX Founder’s Detention Defended by Prosecutors Despite Harvard Law Professor’s Advocacy

Pieter Gunst3 years ago02 mins

In a Thursday letter, federal prosecutors countered arguments made by Harvard Law School professor emeritus Laurence Tribe and Sam Bankman-Fried’s attorneys who were advocating against the detention of Bankman-Fried, the FTX founder. The prosecutors urged a Manhattan federal judge to uphold the detention, asserting that it did not violate Bankman-Fried’s constitutional rights. Assistant U.S. attorney…

UK Reduces Embassy Staff in Niger Amid Military Coup and Social Unrest

Pieter Gunst3 years ago3 years ago04 mins

Amid ongoing social unrest over a military coup that took place last week, the UK announced on Thursday that it would reduce the number of staff at its embassy in Niger. This move echoes the actions of other nations such as the United States and several European Union states, all of which have also chosen…

Indigenous Argentines Protest Lithium Mining Expansion Amid Environmental and Rights Concerns

Pieter Gunst3 years ago3 years ago03 mins

Thousands of indigenous individuals from Jujuy, a northwestern Argentine province, arrived in Buenos Aires recently. Their long cross-country journey culminated in a large protest against a provincial constitutional reform that expands lithium mining on the lands they call home. The protest was staged due to concerns that the increased extraction of lithium may lead to…

Other

Homer Plessy, Octoroons, and the Turbulent Legacy of the Separate Car Act

Pieter Gunst3 years ago03 mins

In the 19th Century, a man named Homer Plessy, who was seven-eighths White and one-eighth Black, was once pejoratively referred to as an “octoroon”. Plessy grew up during the age of Reconstruction in New Orleans, a time when people of color were granted expanded civic and political rights. However, this era of relative racial progress…

Other

Supreme Court Ruling on Affirmative Action May Reshape Insurance Coverage Landscape

Pieter Gunst3 years ago03 mins

On June 29, 2023, the U.S. Supreme Court delivered a ruling in a pair of cases brought by Students for Fair Admissions (SFFA) that could have significant implications for all industries. The Court struck down the race-conscious admissions programs at Harvard University and the University of North Carolina at Chapel Hill, setting a new precedent…

Guam’s In-Person Abortion Consultation Law Reinstated by US Court of Appeals

Pieter Gunst3 years ago3 years ago04 mins

In a notable development, the US Court of Appeals for the Ninth Circuit vacated a preliminary injunction, reinstating a Guam law that mandates an in-person consultation before proceeding with an abortion. The reinstatement is the result of an appeal from the US District Court for the District of Guam. The unanimous decision was authored by…