CONSTITUTIONAL LAW
JURIST legal news archive...




State Constitutional First Principles in Challenging the Texas Voter Photo Identification Law
October 29, 2014
JURIST Guest Columnist Charles W. "Rocky" Rhodes analyzes valid and invalid grounds for challenging the Texas voter photo identification law under the Texas ConstitutionThe Texas voter photo identification law, which requires qualified, registered voters to present one of seven specified forms of pi....... [more]

North Dakota Supreme Court upholds restrictions on medication abortions
October 29, 2014
The North Dakota Supreme Court on Tuesday affirmed an existing state law limiting the use of drugs in abortion procedures. This ruling reversed a previous decision by a district judge, who found that the law violates the state constitution. The state requires a minimum of four out of the five Suprem....... [more]

Attorneys and former judges ask Supreme Court to stay Missouri execution
October 28, 2014
Attorneys for a convicted Missouri man and 15 former judges on Monday asked the US Supreme Court to block his execution, claiming that mistakes were made by his former attorneys, which led him to lose his opportunity to appeal his case to the federal courts. Mark Christeson, 35, is scheduled to be....... [more]

AG Holder announces federal recognition of same-sex marriage in six states
October 26, 2014
US Attorney General Eric Holder on Saturday announced that the federal government will recognize same sex marriage in six additional states. The addition of Alaska, Arizona, Idaho, North Carolina, West Virginia and Wyoming will now bring the total number of states recognizing same-sex marriage to 32....... [more]

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]




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