CONSTITUTIONAL LAW
JURIST legal news archive...




Idaho governor asks entire Ninth Circuit to review same-sex marriage ruling
October 23, 2014
The governor of Idaho CL "Butch" Otter filed a petition Tuesday night asking for the entire US Court of Appeals for the Ninth Circuit to review an earlier Ninth Circuit ruling against the Idaho constitution's definition of marriage. The petition is a major positional change for Otter, coming two wee....... [more]

Japan Supreme Court backs woman demoted for pregnancy
October 23, 2014
The Supreme Court of Japan on Thursday ordered a retrial on a woman's claims that she was demoted due to her pregnancy. A physiotherapist asked her employer for a less strenuous job position for the duration of her pregnancy. However, after she had the baby and returned to work, the physiotherapist....... [more]

The Ongoing Debate: Wiretaps and Background Conversations
October 21, 2014
JURIST Guest Columnists Tamara Fisher and Jacquelyn Rembis, both students at Loyola Law School, Los Angeles, discuss issues surrounding inadvertently recorded background conversations and the wide disparity of judicial opinions over their admissibility ...Wiretaps are an incredibly powerful tool for....... [more]

The First Step: Ending the Use of Gay and Trans Panic Defenses
October 20, 2014
JURIST Guest Columnist D'Arcy Kemnitz, Executive Director of the National LGBT Bar Association discusses reasons why the "gay panic" defense should be outlawed...Just over a year ago, barely a dozen states recognized lesbian and gay marriages. Today, following a sea of change spurred on by rapidly e....... [more]

Executive Orders
October 18, 2014
Executive orders are directives from the heads of executive branches of governments at both the federal and state levels, which concern the management of government operations. They have the force of law and are declared without consent from any other branch of the government. They are, however, sub....... [more]

Oklahoma sued over 'botched' execution
October 15, 2014
The brother of Clayton Lockett, whose prolonged execution last April caused Oklahoma to suspend its death penalty to review procedures, filed a lawsuit against the state of Oklahoma Monday. The lawsuit, filed in the US District Court for the Western District of Oklahoma, contends that the execution....... [more]

Federal judge blocks Texas voter ID law
October 13, 2014
US District Judge Nelva Gonzales Ramos on Saturday filed a permanent injunction against the enforcement of a Texas voter ID law. The injunction follows a 147-page opinion issued on Thursday in which Ramos found that the voter ID law violates the Fourteenth and Fifteenth Amendments of the US Constit....... [more]

Federal judge overturns Alaska same-sex marriage ban
October 13, 2014
A judge for the US District Court for the District of Alaska on Sunday overturned Alaska's same-sex marriage ban. Five same-sex couples living in Alaska brought the action pursuant to 42 USC 1983 and filed a motion for summary judgement. Judge Timothy Burgess found that Alaska's ban on same-s....... [more]

Alabama death row inmate challenges new lethal injection mix
October 11, 2014
Alabama death row inmate Christopher Lee Price on Wednesday filed a federal lawsuit against the Alabama Department of Corrections claiming that the new lethal injection mix planned for use in his execution is unconstitutional. According to the complaint, filed in the US District Court for the Southe....... [more]

Supreme Court blocks Wisconsin voter ID law
October 10, 2014
The US Supreme Court on Thursday temporarily blocked Wisconsin from enforcing its voter ID law. The order vacates a September 12 ruling by the US Court of Appeals for the Seventh Circuit, which stayed an injunction on the law's enforcement. Thursday's decision, issued without comment, came as the r....... [more]

Federal judge strikes down Texas voter ID law
October 10, 2014
A judge for the US District Court for the Southern District of Texas on Thursday ruled that a Texas voter ID law violates the Fourteenth and Fifteenth Amendments of the US Constitution because it is racially discriminatory and places a substantial burden on the right to vote. The law requires voters....... [more]




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