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Tag Archives: Constitutional Digest

Constitutional Law – Equal protection – same-sex marriage

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 sex when their marriage was lawfully licensed and performed out-of-State. The right to marry is a fundamental right inherent ... ...

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Constitutional Law — Establishment Clause — standing

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 challenge the constitutionality of the parsonage exemption. A person suffers no judicially cognizable injury merely because others receive a ... ...

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09-1233 Brown v. Plata

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 violation,” §3626(a)(3)(E)(ii). The State’s claim that out-of-state transfers provide a less restrictive alternative to a population limit must ... Subscribe ...

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2008AP1139 State v. Ninham

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 Supreme Court, most recently in Graham v. Florida, 130 S. Ct. 2011 (2010). First, we conclude that Ninham ... Subscribe ...

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10-1948 Keene v. Consolidation Coal Co.

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, the Supreme Court has already rejected an argument that the BLBA as a whole violates due process because ... Subscribe ...

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2010AP342 Brenner, et al. v. City of New Richmond, et al.

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 the wrong legal standard when it concluded that there was no taking because the Landowners were not ... Subscribe Login ...

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08-1438 Sossamon v. Texas

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 the States on notice that they would be liable for damages because Spending Clause legislation operates as a ... Subscribe ...

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09-529 Virginia Office for Protection & Advocacy v. Stewart

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 not diminished to any greater degree when its own agency sues to enforce its officers’ compliance with federal ... Subscribe ...

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10-1973 Freedom From Religion Foundation, Inc., v. Obama

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 to take any action in response to whatever the President proclaims. If anyone suffers injury, therefore, that person ... Subscribe ...

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07-C-0303 Burton v. American Cyanamid Co.

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 the civil law area were subject to constitutional challenge on retroactivity grounds, the doctrine does not violate either ... Subscribe ...

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09-3673 Kathrein v. City of Evanston, Illinois

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 will not threaten the revenue on which Evanston relies because proceeds of the Demolition Tax do not supply ... Subscribe ...

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09-3975 & 10-1019 Empress Casino Joliet Corp. v. Blagojevich

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 are absolutely immune from federal suits filed against them in their personal capacities for actions taken in connection ... Subscribe ...

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