Search Results for: Due Process Clause

As tension rises over the impending breach of the debt ceiling, Biden aides are apparently debating the question of whether the debt ceiling is constitutional.  Section Four of the Fourteenth Amendment provides that “the validity of the debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for [...]

The Central Florida Tourism Oversight District Board Monday announced it will file suit counter to Walt Disney Company in a pending case involving potential government overreach. In March, Florida Governor Ron DeSantis established the five-person board to oversee Walt Disney World, which is located within the state, following fallout over Florida’s “Don’t Say Gay” law. [...]

Disney filed a lawsuit on Wednesday against Florida Governor Ron DeSantis and state officials, accusing them of spearheading a “relentless campaign to weaponize government power” against the entertainment giant. Disney filed the suit to block a state law that established an oversight board they claim will interfere with billions of dollars in planned development. The [...]

Last month, protests in Israel challenging Prime Minister Benjamin Netanyahu’s proposed judicial reforms reached a boiling point. On March 26, after weeks of mounting pressure, the Security Minister, Yoav Gallant, took to national news to announce his opposition to the ongoing legislation. He declared that the proposed changes posed a danger to Israel’s national security [...]

This article is the first in a series on attacks on the rule of law. The rule of law is a political philosophy premised on the promise that all citizens, leaders, and institutions are accountable to the same laws, guaranteed through processes, practices, and norms that work together to support the equality of all citizens [...]

As Women’s History Month draws to a close, we should recognize that our history of gender inequity and oppression is now being used by our highest courts to narrowly define the contours of women’s rights going forward. We need to fight back to ensure our principles — of equality, human dignity, and respect for the [...]

The US Supreme Court Monday declined to hear Steven Donziger v. United States, a case concerning a human rights lawyer charged with multiple criminal counts of contempt and prosecuted by special prosecutors. Justices Neil Gorsuch and Brett Kavanaugh dissented and would have heard the appeal. Gorsuch argued that the appointment of the private attorneys as [...]

Can access to justice be enhanced via the advent of generative AI such as the widely and wildly popular ChatGPT app? I get asked this pointed question quite frequently. The straightforward answer is that generative AI provides a mixed bag, namely that in some respects this type of AI will indeed enable greater access to [...]

For scholars, constitutional (or unconstitutional) revolution is an opportunity to test theories about legal and political changes, democratic legitimacy, identifying what the rule of recognition is, and more. But on the ground, a process of democratic backslide is mostly a matter of grave concern, fear, stress, and sometimes even anger. It requires determination, dedication, and [...]

The US Court of Appeals for the Second Circuit Monday affirmed two consolidated cases upholding New York rent stabilization laws. In both cases, 74 Pinehurst LLC v. State of New York and Community Housing Improvement Program v. City of New York, landlords of various properties in New York sued, alleging that the state’s rent stabilization [...]