13-1314 Arizona State Legislature v. Arizona Independent Redistricting Commission
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Read More »13-1314 Arizona State Legislature v. Arizona Independent Redistricting Commission
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Read More »U.S. Supreme Court Civil Constitutional Law – Equal protection – same-sex marriage The Fourteenth Amendment requires a State to license a marriage between two people of the same sex and to recognize a marriage between two people of the same ...
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Read More »14-15 Armstrong v. Exceptional Child Center, Inc.
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Read More »14-1923 Reeder v. Madigan
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Read More »14-1642 Foxxxy Ladyz Adult World, Inc., v. Village of Dix
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Read More »13-1080 Department of Transportation v. Ass’n. of American Railroads
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Read More »2013AP416 Coyne v. Walker
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Read More »2014AP659 State v. Crute
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Read More »U.S. Court of Appeals For the Seventh Circuit Civil Constitutional Law — Establishment Clause — standing The plaintiffs lack standing to challenge the constitutionality of the parsonage exemption in the tax code. “To summarize, plaintiffs do not have standing to ...
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Read More »14-2058 & 14-2059 Frank v. Walker
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Read More »13-3581 Norton v. City of Springfield
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Read More »13-2661 Shepard v. Madigan
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Read More »12-3352 Blackout Sealcoating, Inc., v. Peterson
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Read More »12-2702 McDonough Associates, Inc., v. Grunloh
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Read More »12-1854, 12-2011 & 12-2058 WEAC v. Walker
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Read More »11-3914 Toston v. Thurmer
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Read More »2011AP1035-CR State v. Pocian
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Read More »2011AP1035-CR State v. Pocian
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Read More »Constitutional Law Freedom of speech
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Read More »Constitutional Law Right to bear arms; firing ranges
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Read More »Constitutional Law Cruel and Unusual Punishment A court-mandated population limit is necessary to remedy the violation of prisoners’ constitutional rights and is authorized by the PLRA. The evidence supports the three-judge court’s finding that “no other relief [would] remedy the ...
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Read More »Constitutional Law Cruel and unusual punishment Sentencing a 14-year-old to life imprisonment without the possibility of parole for committing intentional homicide is not categorically unconstitutional. “We arrive at our holding by applying the two-step approach employed by the United States ...
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Read More »Constitutional Law Due process; takings; black lung disease Section 1556 of the PPACA, amending the Black Lung Benefits Act, to create a retroactive presumption in favor of benefits, is not unconstitutional. “Consol falls far short of meeting its burden. Notably, ...
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Read More »Constitutional Law Takings; avigation easements Robert Brenner, Steven and Cristy Wickenhauser, and Allan and Susan Seidling (collectively, the Landowners) appeal an order dismissing their Wis. Stat. § 32.10 petition for inverse condemnation proceedings. The Landowners argue the circuit court applied ...
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Read More »Constitutional Law Sovereign immunity States, in accepting federal funding, do not consent to waive their sovereign immunity to private suits for money damages under RLUIPA. Sossamon mistakenly contends that Congress’ enactment of RLUIPA §3 pursuant to the Spending Clause put ...
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Read More »Constitutional Law Sovereign immunity The Eleventh Amendment does not preclude a state agency from suing the state. Respondents claim that a State’s dignity is diminished when a federal court adjudicates a dispute between its components. But a State’s stature is ...
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Read More »Constitutional Law Establishment Clause; standing Citizens lack standing to challenge 36 U.S.C. 119, establishing the National Day of Prayer. “Section 119 imposes duties on the President alone. It does not require any private person to do anything—or for that matter ...
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Read More »Constitutional Law Due process; Takings Clause; retroactive liability The Wisconsin Supreme Court’s adoption of the risk contribution doctrine for lead paint manufacturers was not unconstitutional. “[E]ven assuming that the risk contribution doctrine imposed retroactive liability and that judicial decisions in ...
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Read More »Constitutional Law Takings; demolition tax A municipality’s affordable housing demolition tax is not a tax, but a regulation, so a constitutional challenge is not barred by the Tax Injunction Act. “We are especially sure that review of the Demolition Tax ...
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Read More »Constitutional Law Legislative immunity A state governor is immune from a lawsuit alleging that his signing legislation violated the RICO Act. “The former governor is entitled to legislative immunity. The Supreme Court has made clear that state and local officials ...
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