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Greisen v. Hanken
In his First Amendment retaliation case, the district court properly determined plaintiff spoke as a private citizen and not a public employee. 		Constitutional Law 9th Jun. 3, 2019
Arizona Libertarian Party v. Hobbs
Arizona state law signature requirements are reasonable restrictions that impose a modest burden on the Libertarian Party's right to free association; thus, the judgment is affirmed. 		Constitutional Law 9th Jun. 3, 2019
Tschida v. Motl
Montana's prohibition against revealing ethics complaints' contents was facially unconstitutional, but former Commissioner of Political Practices was entitled to qualified immunity because reliance on the provision was not objectively unreasonable. 		Constitutional Law 9th May 30, 2019
Nieves v. Bartlett
Plaintiff's First Amendment claim that officers arrested him in retaliation for his speech failed because he initiated physical confrontation with officer; probable cause to arrest defeats retaliation claim. 		Constitutional Law USSC May 29, 2019
Box v. Planned Parenthood of Indiana and Kentucky, Inc.
States have legitimate interest in proper disposal of fetal remains; thus, Indiana's new law that prohibits treating fetal remains as 'infectious waste' and incinerating them alongside surgical byproducts survived rational basis review. 		Constitutional Law USSC May 29, 2019
DiRaffael v. California Army Nat. Guard
Under federal regulations which govern selective retention of National Guard officers, states retain constitutional authority to appoint and terminate appointments of National Guard officers consistent with Second Militia Clause. 		Constitutional Law 2DCA/1 May 28, 2019
Perez v. City of Roseville
Precedent was not so clear that every reasonable official would understand terminating plaintiff due to her extramarital relationship with a fellow police officer violated her constitutional right to privacy. 		Constitutional Law 9th May 22, 2019
Cedar Point Nursery v. Shiroma
Regulation allowing union organizers access to agricultural employees at employer worksites under specific circumstances did not effect a Fifth Amendment taking; regulation significantly limits organizers' access to plaintiffs' property. 		Constitutional Law 9th May 9, 2019
People v. Superior Court (J.C. Penney Corp., Inc.
Demurrer based on vagueness should not be sustained to complaint that stated a cognizable theory of liability under the statute which clearly applied to some or all of defendants' conduct. 		Constitutional Law 2DCA/4 May 8, 2019
Consumer Financial Protection Bureau v. Seila Law
For-cause removal restriction protecting Consumer Financial Protection Bureau's Director does not 'impede the President's ability to perform his constitutional duty' to ensure that the laws are faithfully executed. 		Constitutional Law 9th May 7, 2019
In re White
Approach taken under California's second degree felony murder rule was evidence-based on specific steps used to manufacture methamphetamine, which is different from categorical approach found unconstitutional in 'Johnson v. United States.' 		Constitutional Law 4DCA/2 May 1, 2019
John Doe v. Westmont College
College deprived student of fair hearing when Student Conduct Panel credited certain portions of nontestifying witnesses' statements based solely on investigative reports in finding student committed sexual assault. 		Constitutional Law 2DCA/6 Apr. 24, 2019
People v. Superior Court (J.C. Penney Corp., Inc.)
Demurrer based on vagueness should not be sustained to complaint that stated a cognizable theory of liability under the statute which clearly applied to some or all of defendants' conduct. 		Constitutional Law 2DCA/4 Apr. 18, 2019
People v. Flores
Defendant's Sixth Amendment rights were violated by counsel's pursuit of defenses that did not comport with defendant's insistence that he did not commit the alleged criminal acts. 		Constitutional Law 4DCA/1 Apr. 16, 2019
Bucklew v. Precythe
Eighth Amendment 'does not guarantee a prisoner a painless death;' where prisoner's suggested execution alternative is not 'feasible' and 'readily implemented,' it cannot provide basis for relief. 		Constitutional Law USSC Apr. 2, 2019
People v. Chamagua
Where law enforcement officers 'simply ask questions,' consensual encounter does not implicate Fourth Amendment. 		Constitutional Law 2DCA/8 Apr. 2, 2019
Amended Opinion: Martin v. City of Boise
The Eighth Amendment's prohibition on cruel and unusual punishment bars city from prosecuting individuals criminally for sleeping outside on public property where said individuals have no home or available shelter elsewhere. 		Constitutional Law 9th Apr. 2, 2019
Gardner v. Superior Court
Prosecution's pretrial appeal of suppression motion is 'critical stage' of criminal process; California Constitution guarantees misdemeanor appellee's right to appointed counsel. 		Constitutional Law 4DCA/2 Mar. 29, 2019
Frank v. Gaos
'Spokeo' standard that 'concrete injury' is required for standing even in context of statutory violation requires remand of class action suit over Stored Communication Act violations. 		Constitutional Law USSC Mar. 21, 2019
McNeil v. Sherwood School District 88J
Because appellant's hit list of students that 'must die' established a sufficient nexus to the school, the School District could regulate his off-campus speech without violating his First Amendment rights. 		Constitutional Law 9th Mar. 15, 2019
Su v. Stephen S. Wise Temple
Teachers who taught religious principles, but were not held out as ministers and required no formal religious education or background, were not ministerial employees as a matter of law. 		Constitutional Law 2DCA/3 Mar. 12, 2019
Spreitz v. Ryan
In evaluating defendant's long-term alcohol and substance abuse, Arizona Supreme Court applied its causal nexus test in violation of 'Eddings v. Oklahoma' and refused to consider it in assessing nonstatutory mitigating circumstances. 		Constitutional Law 9th Mar. 5, 2019
Fazaga v. Walls
Foreign Intelligence Surveillance Act displaces federal common law state secrets privilege; its procedures are to be used when party challenges legality of electronic surveillance. 		Constitutional Law 9th Mar. 1, 2019
Garza v. Idaho
Plea agreement including appeal waivers does not change application of 'Flores-Ortega' rule that, where counsel's deficient performance precludes defendant's desired appeal, prejudice in ineffective assistance claim is presumed. 		Constitutional Law USSC Feb. 28, 2019
Madison v. Alabama
Under Eighth Amendment, court must determine whether prisoner possesses 'rational understanding of why the State wants to execute him' before proceeding with execution. 		Constitutional Law USSC Feb. 28, 2019
Marquez v. City of Long Beach
Legislature may exercise authority over minimum wages, despite authority in charter cities to legislate as to municipal affairs, because minimum wage addresses state's interest in ensuring workers can afford necessities in life. 		Constitutional Law 2DCA/7 Feb. 27, 2019
Miller v. Inslee
'Janus' does not render state-mandated exclusive bargaining arrangement a First Amendment free association violation. 		Constitutional Law 9th Feb. 27, 2019
Grafilo v. Cohanshohet
Order to produce medical records of five of defendant's patients in connection with an investigation into his prescription of controlled substances was reversed; state failed to demonstrate good cause to obtain records. 		Constitutional Law 2DCA/8 Feb. 22, 2019
Timbs v. Indiana
Excessive Fines Clause 'deeply rooted in Nation's history and tradition,' incorporated against states through Fourteenth Amendment, including against in rem forfeitures that are 'at least partially punitive' 		Constitutional Law USSC Feb. 21, 2019
Moore v. Texas
Where state court relies too heavily on mentally impaired defendant's cognitive strengths rather than his weaknesses in determining fitness for execution, analysis fails constitutional muster. 		Constitutional Law USSC Feb. 20, 2019
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