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Hunter v. U.S. Dept. of Education
Religious colleges and universities relying on Title IX's religious exemption to discriminate against students on the basis of sexual orientation does not violate the Establishment Clause.
Education, Constitutional Law 9th Sep. 3, 2024
Sutter's Place, Inc. v. City of San Jose
Trial court correctly concluded that regulation fee charged to gambling cardrooms funded "appropriate specific regulatory functions," but remand was required to determine whether fee included unconstitutional charges.
Constitutional Law 6DCA Sep. 3, 2024
Crowe v. Oregon State Bar
Dues-paying bar member established an infringement on his freedom of association after Oregon State Bar's publication of statements antithetical to his views and unrelated to its regulatory purpose.
Constitutional Law, Attorneys 9th Aug. 29, 2024
Civil Beat Law Center v. Maile
Hawai'i Court Records Rule mandating categorical sealing of all medical and health records filed in state court proceedings was unconstitutionally overbroad.
Constitutional Law 9th Aug. 29, 2024
Zeyen v. Bonneville Joint District
Idaho Constitution's provision of "free common schools" did not give rise to a vested private property interest in specific educational benefits to which the Takings Clause could attach.
Constitutional Law 9th Aug. 26, 2024
People v. Sorto
A functionally-equivalent LWOP sentence for a minor should be treated equivalently to an explicit LWOP for the purposes of resentencing following the amendment of the Penal Code.
Criminal Law and Procedure, Constitutional Law 2DCA/3 Aug. 23, 2024
Melendres v. Skinner
District court's appointment of independent monitors in response to sheriff's racial profiling practices did not violate Article III or separation of power principles.
Constitutional Law 9th Aug. 20, 2024
U.S. v. Manney
An individual purchasing firearms did not have the constitutional right to lie about the identity of the actual purchaser.
Constitutional Law, Criminal Law and Procedure 9th Aug. 20, 2024
Netchoice LLC v. Bonta
The California Age-Appropriate Design Code Act's requirement that businesses opine on and mitigate the risk of children's exposure to potentially harmful materials online likely facially violates the First Amendment.
Constitutional Law 9th Aug. 19, 2024
Election Integrity Project CA, Inc. v. Weber
District court did not err in dismissing claim that California's vote-by-mail unconstitutionally diluted votes when plaintiffs failed to allege facts substantiating their claim.
Constitutional Law 9th Aug. 16, 2024
Chinaryan v. City of Los Angeles
LAPD officers were not entitled to qualified immunity after conducting a high-risk vehicle stop based on nothing more than a reasonable suspicion that the vehicle was stolen.
Qualified Immunity, Constitutional Law 9th Aug. 15, 2024
Chong v. U.S.
One foot from an open garage was protected curtilage under the Fourth Amendment.
Criminal Law and Procedure, Constitutional Law 9th Aug. 15, 2024
Children's Health Defense v. Meta Platforms, Inc.
Despite having a parallel agenda with the government to prevent spread of vaccine misinformation, because defendant Meta Platforms was acting on its own, plaintiff's free speech claims failed.
Constitutional Law 9th Aug. 12, 2024
West Contra Costa Unified School Dist. v. Superior Court (A.M.M.)
Waiving the Government Code's timely claim presentation requirement for childhood sexual assault claims did not violate the California Constitution's Gifts Clause.
Government, Constitutional Law 1DCA/5 Aug. 2, 2024
Modification: People v. Bolourchi
Jurors at a motorist's DUI trial may draw an adverse inference of consciousness of guilt based on the motorist's refusal to submit to a pre-warrant blood test upon arrest.
Criminal Law and Procedure, Constitutional Law 1DCA/4 Jul. 29, 2024
Castellanos, et al. v. State of California, et al.
Proposition 22 (classifying app-based drivers as independent contractors) does not conflict with Article XIV, Section 4 of the California Constitution.
Constitutional Law, Employment Law CASC Jul. 26, 2024
Behrend v. San Francisco Zen Center, Inc.
Apprentice's Americans with Disabilities Act claims against Zen Center were properly dismissed under the First Amendment's "ministerial exception."
Employment Discrimination, Constitutional Law 9th Jul. 18, 2024
People v. Bolourchi
Jurors at a motorist's DUI trial may draw an adverse inference of consciousness of guilt based on the motorist's refusal to submit to a pre-warrant blood test upon arrest.
Criminal Law and Procedure, Constitutional Law 1DCA/4 Jul. 2, 2024
Moody v. NetChoice, LLC
To succeed on a facial challenge to the First Amendment, it was necessary to demonstrate the unconstitutional applications of content moderation laws were substantial compared to the statute's plainly legitimate sweep.
Constitutional Law USSC Jul. 2, 2024
City of Grants Pass v. Johnson
Enforcement of anti-camping laws is not cruel and unusual punishment, even if the violation, as applied to the homeless, is arguably involuntary.
Constitutional Law USSC Jul. 1, 2024
U.S. v. Rahimi
Regulation allowing temporary firearm possession restriction after defendant threatened others' physical safety did not violate Second Amendment given regulation's historical alignment with firearm misuse.
Constitutional Law USSC Jun. 24, 2024
Department of State v. Munoz
A U.S. citizen does not have a fundamental liberty interest in a noncitizen spouse being admitted to the country.
Constitutional Law, Immigration USSC Jun. 24, 2024
Erlinger v. U.S.
The Fifth and Sixth Amendments require a unanimous jury to make the determination beyond a reasonable doubt that a defendant's past offenses were committed on separate occasions for Armed Career Criminal Act purposes.
Constitutional Law, Criminal Law and Procedure USSC Jun. 24, 2024
Bacon v. Woodward et. al
Firefighters plausibly alleged free exercise violations where Spokane refused to grant COVID vaccination exceptions, but worked with neighboring cities' firefighters who had been granted exemptions.
Constitutional Law 9th Jun. 19, 2024
Vidal v. Elster
Lanham Act's names clause, which prevented plaintiff from trademarking "Trump too small," did not violate the First Amendment.
Constitutional Law USSC Jun. 14, 2024
B&L Productions, Inc. v. Newsom
Statutes prohibiting the sale of firearms on state grounds (primarily fairgrounds) did not infringe on First and Second Amendment constitutional rights.
Constitutional Law 9th Jun. 12, 2024
Seattle Pacific University v. Ferguson
Religious university had standing on claims regarding anticipated enforcement of anti-discrimination law in response to its ongoing employment policies that discriminated based on sexual orientation.
Constitutional Law 9th Jun. 10, 2024
National Rifle Association of America v. Vullo
National Rifle Association plausibly alleged First Amendment violation by government official who used her status to induce NRA-affiliates to terminate gun-promoting relationships.
Constitutional Law USSC May 31, 2024
Thornell v. Jones
Ninth Circuit's interpretation and application of *Strickland v. Washington* was erroneous.
Constitutional Law, Criminal Law and Procedure USSC May 31, 2024
Alexander v. South Carolina State Conference of the NAACP
South Carolina's redistricting that arguably diluted the voting power of Black voters was constitutional where it appeared that the redistricting served partisan goals, with racial impact being merely a side effect.
Constitutional Law USSC May 24, 2024