Search Results for: Due Process Clause

On June 24, 2022, the Supreme Court of the United States, in Dobbs v. Jackson Women’s Health Organization, overturned Roe v. Wade with a 6-3 majority. This judgment raises multiple constitutional law and due process issues. However, this article will not be addressing these issues. The focus of this piece is to analyze and highlight [...]

The US House of Representatives Tuesday passed a bill that would enshrine same-sex marriage in federal law. The Respect for Marriage Act passed by a vote of 267-157 amid concern that the Supreme Court could move to overturn the case protecting same-sex marriage, since it is based on the same legal principle as the now-overturned [...]

On June 24, 2022, the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Center overturned the landmark case Roe v. Wade. It is essential to clarify the specific right Roe established. It was not an unqualified affirmative right to abortion but a right protecting a woman from unduly burdensome interference with her freedom to [...]

Perhaps the most remarkable aspect of President Biden’s speech criticizing the Supreme Court’s rejection of Roe v. Wade is that he gave the speech at all. Presidents historically have wisely refrained from commenting on Supreme Court decisions. Biden’s delivery of the speech on the very same morning that the Court delivered its opinion in Dobbs [...]

The Supreme Court of Texas Friday ruled to uphold a state ban that “prohibits the processing and manufacturing of smokable hemp products.” Four hemp companies argued that this state ban was unconstitutional, based on article 1, section 19 of the Texas Constitution, which states that “o citizen of this State shall be deprived of life, [...]

The US Supreme Court ruled Friday in Dobbs v. Jackson Women’s Health Organization that there is no constitutional right to abortion, overturning the landmark decisions in Roe v. Wade and Planned Parenthood v. Casey. The decision comes in a case involving a Mississippi law banning all abortions after 15 weeks of pregnancy. Mississippi’s Gestational Age [...]

The Kerala High Court, while issuing an order in Anoop v. State of Kerela, recognized the fallacy of the Protection of Children from Sexual Offences Act (POCSO), 2012, and Indian Penal Code (IPC), 1856, in not distinguishing between consensual sexual activity and rape. The single judge bench remarked that these actions arise out of pure [...]

The US Supreme Court Monday granted both Jones v. Hendrix and Securities and Exchange Commission (SEC) v. Cochran certiorari based on their petitions. Both of these cases were added to the 2022-2023 docket. Jones v. Hendrix is an Eighth Circuit habeas corpus case about 28 US Code § 2255. Under § 2255, federal inmates can collaterally challenge [...]

The Builders Association of Metropolitan Pittsburgh (BAMP) Thursday filed a complaint in federal court to prevent the implementation of the City of Pittsburgh’s inclusionary zoning ordinance. The ordinance requires that a new development or substantial building improvements of 20 units or more to designate at least 10 percent for low-income residents. The inclusionary zoning ordinance [...]

The US Supreme Court Monday granted certiorari to two cases, Reed v. Goertz and Mallory v. Norfolk Southern Railway Company, which focus on statute of limitations and personal jurisdiction issues. In Reed, petitioner Rodney Reed asked the court to decide when “the statute of limitations begins to run for an action under 42 U.S.C. § [...]