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Sierra Club v. Trump
Where plaintiffs establish that they satisfy requirements of Article III standing, they may invoke separation-of-powers constraints, like Appropriations Clause, to challenge agency spending in excess of its delegated authority.
Constitutional Law 9th Jun. 29, 2020
Van v. LLR Inc.
The temporary loss of use of one's money constitutes an injury in fact for purposes of Article III standing.
Constitutional Law 9th Jun. 25, 2020
People ex rel. Gascon v. HomeAdvisor, Inc.
Commercial speech that is inherently likely to deceive may be regulated because there is no First Amendment interest at stake.
Constitutional Law 1DCA/5 Jun. 9, 2020
Thole v. U. S. Bank N. A.
Participants in defined-benefit retirement plan lacked standing under Employee Retirement Income Security Act because they did not have concrete stake in lawsuit.
Constitutional Law USSC Jun. 2, 2020
Financial Oversight and Management Bd. for Puerto Rico v. Aurelius Investment, LLC
Financial Oversight and Management Board members' selection was not subject to constraints of Appointments Clause because members had primarily local duties.
Constitutional Law USSC Jun. 2, 2020
Dees v. County of San Diego
No Fourteenth Amendment violation when social worker conducted interview with child at school, because parent never actually lost control over child.
Constitutional Law 9th May 28, 2020
Club One Casino v. Bernhardt
Tribe's jurisdiction over parcel operated as a matter of law and tribe clearly exercised governmental power by entering into agreements with local governments.
Constitutional Law 9th May 28, 2020
U.S. v. Sineneng-Smith
Ninth Circuit abused its discretion when it took over the appeal and decided that 8 U.S.C. Section 1324(a) was unconstitutionally overbroad even though contrary theory was presented.
Constitutional Law USSC May 8, 2020
New York State Rifle & Pistol Assn., Inc. v. City of New York
City's amendment to its rule regarding transport of firearms was the precise relief petitioners sought; thus, petitioners' claim was moot.
Constitutional Law USSC Apr. 28, 2020
Modification: Zolly v. City of Oakland
Franchise fee may constitute a tax subject to article XIII C to the extent it is not reasonably related to the value received from the government.
Constitutional Law 1DCA/1 Apr. 21, 2020
Zolly v. City of Oakland
Franchise fee may constitute a tax subject to article XIII C to the extent it is not reasonably related to the value received from the government.
Constitutional Law 1DCA/1 Mar. 31, 2020
City of Redondo Beach v. Padilla
Legislature did not provide clear intent that Voter Participation Rights Act applies to charter cities.
Constitutional Law 2DCA/7 Mar. 25, 2020
Pakdel v. City and County of San Francisco
District court properly dismissed plaintiffs' takings claim as unripe because plaintiffs did not satisfy finality requirement.
Constitutional Law 9th Mar. 18, 2020
Allied Professionals Insurance Company v. Anglesey
Washington state anti-arbitration statute was preempted by Federal Liability Risk Retention Act of 1986 as applied to risk retention groups chartered in another state.
Constitutional Law 9th Mar. 13, 2020
Mai v. U.S.
Prohibiting people whom state court committed involuntarily to mental institution from bearing arms was a reasonable fit with government's important interest in reducing gun violence.
Constitutional Law 9th Mar. 12, 2020
Kansas v. Garcia
Immigration Reform and Control Act does not expressly prohibit states from using 'any information contained within an I-9' as basis for state law identity theft prosecution.
Constitutional Law USSC Mar. 4, 2020
Conservatorship of E.B.
Lanterman-Petris Short Act conservatees have the same right to refuse to testify under the equal protection clause, as persons found not guilty by reason of insanity.
Constitutional Law 1DCA/5 Mar. 2, 2020
Tedards v. Ducey
Plaintiffs' action challenging constitutionality of Arizona statute that governs appointments and elections in aftermath of Senate vacancy was foreclosed by binding precedents.
Constitutional Law 9th Feb. 28, 2020
Ramirez v. TransUnion
Every class member certified under Federal Rule of Civil Procedure 23, must satisfy the basic requirements of Article III standing, not just the class representative.
Constitutional Law 9th Feb. 28, 2020
Hernandez v. Mesa
No extension of 'Bivens' damages remedy for cross-border shooting because such a claim has foreign relations and national security implications and involves tortious conduct abroad.
Constitutional Law USSC Feb. 27, 2020
Prager University v. Google
Despite YouTube's ubiquity and its role as a publicfacing platform, it remains a private forum, not a public forum subject to judicial scrutiny under the First Amendment.
Constitutional Law 9th Feb. 27, 2020
Bridge Aina Le'a v. State of Hawaii Land Use Commission
Plaintiff did not establish taking pursuant to 'Penn Central' when state reverted land use classification from conditional urban use to agriculture use.
Constitutional Law 9th Feb. 20, 2020
Modification: Schmidt v. Superior Court
A constitutional finding of judicial gender bias warranting reversal on due process grounds is only appropriate when 'extreme facts' demonstrate a probability of actual bias.
Constitutional Law 2DCA/8 Feb. 18, 2020
Modification: People v. Johnson
A prosecutor's peremptory strike of three out of five black jurors coupled with launching a background check into another black juror is insufficient to sustain a Batson/Wheeler motion.
Constitutional Law CASC Feb. 14, 2020
Parents For Privacy v. Barr
Fourteenth Amendment's Right to Privacy does not protect cisgender high school boys from changing clothes in same locker room with transgender boy prior to PE class.
Constitutional Law 9th Feb. 13, 2020
Schmidt v. Superior Court
A constitutional finding of judicial gender bias warranting reversal on due process grounds is only appropriate when 'extreme facts' demonstrate a probability of actual bias.
Constitutional Law 2DCA/8 Jan. 24, 2020
L.F. v. Lake Washington School District
School District's 'Communication Plan' limiting communications between school employees and parents did not violate First Amendment because plan only restricted District's responses and not parents' speech.
Constitutional Law 9th Jan. 21, 2020
Juliana v. U.S.
Plaintiffs' claim that United States government violated their right to an environment capable of sustaining human life was non-justiciable for lack of Article III standing.
Constitutional Law 9th Jan. 21, 2020
Courthouse News Service v. Planet
While press has a constitutionally qualified right to timely access newly filed civil complaints in court, it must be balanced and not impair court's interest in fair and orderly administration of justice.
Constitutional Law 9th Jan. 21, 2020
City of Huntington Beach v. Becerra
The California Values Act addresses a matter of statewide concern and thus preempts the City of Huntington Beach's constitutionally authorized power to manage the city police force.
Constitutional Law 4DCA/3 Jan. 14, 2020