In a significant legal development, the U.S. Department of Justice (DOJ) argued before the D.C. Circuit Court of Appeals that the President of the United States possesses broad authority to revoke security clearances, even for potentially discriminatory reasons. This assertion arose from an appeal concerning a controversial executive order issued during the Trump administration. The…
In a rare display of bipartisan unity, New Jersey lawmakers have decried recent partisan attacks targeting the judiciary. Speaking at a state bar panel, they emphasized the crucial role of the judiciary in upholding democratic values and urged legal professionals to adhere to their constitutional obligations. The legislators voiced concern over the rising trend of…
In recent legal discourse, the debate over the distinction between “legislative facts” and “adjudicative facts” continues to hold significance, particularly in cases involving broad questions of public policy. The matter was highlighted in the ongoing litigation involving Monsanto and its herbicide, Roundup, which hinges on the delineation of who decides general factual questions in legal…
The Constitutional Court of South Africa has made a significant ruling regarding asylum procedures, effectively prohibiting foreigners from submitting repeated asylum applications once their initial request has been denied. This decision came as a result of the case Director of Home Affairs and Others v Irankunda and Niyonkuru, involving two citizens from Burundi. The pair,…
On Thursday, the Supreme Court of the United States may decide whether to take up the case Foothills Christian Ministries v. Johnson, which poses a significant constitutional question: Can the government mandate religious preschools to promote other religions? Both the State of California and the U.S. Court of Appeals for the 9th Circuit have ruled…
The role of the Chief Justice of the United States is one steeped in history and responsibility, having been held by 17 individuals since the Supreme Court’s inception. Their legacies vary greatly, from establishing judicial precedents to navigating political challenges. A recent piece on SCOTUSblog provides an insightful guide to each Chief Justice, offering legal…
The U.S. Supreme Court recently steered clear of fully addressing the principle that discourages last-minute changes to election procedures. The case in question involved a request to reinstate Alabama’s congressional map, which had previously been struck down for violating the Voting Rights Act. Despite the practice of avoiding decisions that could disrupt electoral processes on…
“`html In a move that has sparked considerable debate within the legal community, Judge James C. Ho of the U.S. Court of Appeals for the Fifth Circuit announced a boycott against hiring law clerks from Yale Law School. The boycott is purportedly a response to perceived “cancel culture” at the institution. This raises questions about…
The federal government’s recent petition for certiorari in United States v. Carter brings to the forefront a contentious issue regarding the role of race in Fourth Amendment seizure inquiries. The petition comes after the Supreme Court’s summary reversal in District of Columbia v. R.W. , another case concerning the Fourth Amendment. However, contrary to its…
In a contentious decision emblematic of the delicate balancing act between freedom of expression and academic discipline, a federal judge in Texas ruled that Texas Tech University is shielded by sovereign immunity in a case involving a law student reprimanded for comments made about the death of political commentator Charlie Kirk. The court’s decision underscores…
In light of the Louisiana v. Callais decision, the Supreme Court has significantly weakened Section 2 of the Voting Rights Act (VRA). The ruling, authored by Justice Samuel Alito, effectively overturns provisions meant to ensure minority voter representation in multimember elected bodies. As highlighted in an opinion piece on SCOTUSblog, this decision fundamentally alters the…
“`html In another significant episode in the ongoing battle over electoral districting, the Supreme Court cleared a notable hurdle on Monday for Alabama. The decision concerned Alabama’s 2023 congressional map, which had faced challenges due to claims of racial discrimination against Black voters. Previously blocked by a federal district court, the map now has the…
The upcoming volume of the European Yearbook of Constitutional Law (EYCL), Volume 9, scheduled for 2027, addresses a significant theme: Reimagining Constitutional Identity in Europe. As Europe continually evolves through socio-political changes, the concept of constitutional identity warrants careful examination. Recent discussions, accentuated by cross-border political dynamics and the rise of populism, underscore the need…
In a continuing tug-of-war over redistricting, Virginia Democrats and the state’s Attorney General, Jay Jones, have approached the U.S. Supreme Court, seeking intervention to utilize a new congressional map projected to favor Democrats in the 2026 elections. This request follows a Virginia Supreme Court ruling that invalidated a state constitutional amendment permitting the Virginia General…
The Trump administration is poised to elevate several judges appointed during its first term to influential roles on federal appeals courts. This strategic move underscores a broader agenda to steer the judiciary in a more conservative direction for decades to come. Recent reports reveal that the administration is scrutinizing its past judicial appointments to identify…
A federal judge has ruled that Cook County’s property tax sale system violates the Fifth and Eighth Amendments of the U.S. Constitution. This decision addresses longstanding concerns about the county’s method of handling delinquent property taxes, which has led to homeowners losing their properties and accumulated equity. Under the current system, when property owners fail…
The legal landscape for broadcasting companies is witnessing another significant development as ABC has enlisted the expertise of Paul Clement, a former U.S. Solicitor General, to represent them in a case against the Federal Communications Commission (FCC). At the center of this dispute is a First Amendment challenge concerning regulations on broadcast content. ABC’s decision…
The Supreme Court of Virginia has invalidated a voter-approved constitutional amendment that sanctioned partisan gerrymandering of the state’s congressional districts. In a narrow 4-3 decision, the court determined that the Virginia General Assembly violated necessary procedural requirements by advancing the amendment. This ruling underscores the ongoing legal and political battle surrounding redistricting efforts in the…
The state of Alabama is currently embroiled in a legal battle concerning its congressional map, which has been accused of diluting the voting power of Black voters. In a recent filing to the Supreme Court, Alabama requested permission to use a map it adopted in 2023 that includes only one majority-Black district, defying a lower…
This week’s edition of Law360’s Legal Lions features the National Immigrant Justice Center and the American Civil Liberties Union, which secured a significant victory in the Seventh Circuit Court of Appeals. A divided panel dismissed the argument from the Trump administration that immigrants residing unlawfully in the United States are not entitled to due process…
Abhishek Kambli, a deputy associate attorney general at the U.S. Department of Justice (DOJ), has announced his departure from the department at the end of May. Kambli has been a central figure in the DOJ’s defense of executive orders issued by President Donald Trump targeting several prominent law firms. His departure comes as the DOJ…
In a recent session, the D.C. Circuit examined the Pentagon’s attempt to impose disciplinary measures on Mark Kelly, a former Marine Corps officer, over a video in which he described an “illegal orders” scenario. The arguments presented by the Justice Department faced skepticism from at least two judges, reflecting potential concerns regarding the underlying legal…
“`html As the practice of capital punishment continues to spark debate across the United States, the method by which executions are administered has become a focal point of controversy. A recent report by the Department of Justice has advocated for the expansion of federal execution methods, including the use of nitrogen gas, despite growing legal…
In a contentious legal battle, four protesters have initiated a lawsuit against the Department of Homeland Security (DHS) and the Federal Bureau of Investigation (FBI) over the collection and permanent storage of DNA samples during protests against Immigration and Customs Enforcement (ICE). The complaint, filed in an Illinois district court, seeks an injunction to halt…
Former FBI Director James Comey has expanded his legal arsenal amid a second indictment brought by the Trump administration. A court filing on Thursday revealed that Comey has enlisted a North Carolina-based white collar defense expert to join his legal team. This move comes in response to charges related to a social media post made…