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Amended Opinion: In re National Security Letter
National Security Letter law's nondisclosure provision, which prohibits disclosure of receipt of such letter, does not violate recipient's First Amendment rights.
Constitutional Law 9th May 12, 2022
Jones v. Bonta
California's ban on semiautomatic rifles for young adults violated the Second Amendment since it burdened the right to home self-defense and did not reasonably fit the objective of reducing violence.
Constitutional Law 9th May 12, 2022
Association Des Eleveurs de Canards Et D'Oies Du Quebec v. Bonta
California statutes outlawing the practice of force-feeding ducks or geese to make foie gras and prohibiting its sale were not preempted by federal law.
Constitutional Law 9th May 9, 2022
People v. Padilla-Martel
City of San Francisco failed to show error in the trial court's finding that proposed stay-away orders against alleged street-level drug dealers were insufficiently tailored to pass constitutional muster.
Constitutional Law 1DCA/2 May 3, 2022
Cummings v. Premier Rehab Keller
Emotional distress damages were not recoverable under either the Rehabilitation Act or the Affordable Care Act in a private action against a recipient of federal funds.
Constitutional Law USSC Apr. 29, 2022
Kaufmann v. Kijakazi
Provision that allowed removal of the Commissioner of Social Security by the president only for neglect or malfeasance was unconstitutional and severable but claimant could not show actual harm from provision.
Constitutional Law 9th Apr. 28, 2022
City of Austin v. Reagan National Advertising of Austin, LLC
Austin, Texas' regulations prohibiting the digitizing of "off-premises" advertisement signs, but not "on-premises" signs were facially content-neutral under the First Amendment.
Constitutional Law USSC Apr. 22, 2022
U.S. v. Vaello Madero
Congress's decision to exempt Puerto Rico residents from Supplemental Security Income benefits passed the rational basis test based on their authority under the Territory Clause of the Constitution.
Constitutional Law USSC Apr. 22, 2022
Boquist v. Courtney
Dismissal of Oregon minority-party state senator's retaliation claim was reversed since he spoke on a constitutionally protected political controversy and 12-hour advance notice order was a materially adverse action.
Constitutional Law 9th Apr. 22, 2022
Mecinas v. Hobbs
Democratic National Committee had standing to contest the Arizona Ballot Order Statute since ordering ballots based on the political party who received most votes in last gubernatorial race caused an injury in fact.
Constitutional Law 9th Apr. 11, 2022
People v. Salinas
Prosecutor's peremptory strikes of several Black women was more likely than not attributable to unconstitutional discrimination.
Constitutional Law 2DCA/5 Apr. 6, 2022
People v. Holiman
No reasonable suspicion for a traffic stop that resulted in felony charges since defendant did not violate the Vehicle Code and nothing objectively suggested that he did.
Constitutional Law 1DCA/2 Mar. 30, 2022
Wisconsin Legislature v. Wisconsin Elections Commission
Governor failed to provide evidence that the drawing of a new, majority-black district in his proposed electoral map was required under the Voting Rights Act.
Constitutional Law USSC Mar. 25, 2022
Houston Community College System v. Wilson
A community college's Board of Trustee's purely verbal censure did not give rise to an actionable First Amendment claim because it was not a materially adverse action.
Constitutional Law USSC Mar. 25, 2022
Twitter v. Paxton
A case was not prudentially ripe because the attorney general was still in the process of investigating and had not even decided whether to pursue claims.
Constitutional Law 9th Mar. 3, 2022
U.S. v. Hansen
A statute criminalizing encouraging or inducing unlawful immigration for private financial gain was overbroad and unconstitutional.
Constitutional Law 9th Feb. 11, 2022
Barke v. Banks
Local government officials lacked standing to bring a First Amendment challenge to regulations prohibiting public employers from discouraging employee organization participation.
Constitutional Law 9th Feb. 8, 2022
Ballinger v. City of Oakland
Oakland's Tenant Relocation fee is not an unconstitutional taking without just compensation but instead is an admissible State regulation of the landlord-tenant relationship.
Constitutional Law 9th Feb. 2, 2022
Brown v. State of Arizona
A university was not liable for student abuse when it did not know of the specific victim's abuse and the abuse did not occur in an area or situation it had control over.
Constitutional Law 9th Jan. 26, 2022
McDougall v. County of Ventura
County orders mandating a 48-day closure of gun shops clearly burdened conduct protected by the Second Amendment and failed strict scrutiny.
Constitutional Law 9th Jan. 21, 2022
Amended Opinion: U.S. v. Olsen
District court's interpretation of Speedy Trial Act's ends of justice provision--that continuances are appropriate only if holding a criminal jury trial would be impossible--was incorrect.
Constitutional Law 9th Jan. 7, 2022
Modification: Y.C. v. Superior Court (People)
Statements taken in violation of the Fifth and Sixth Amendments could not be sealed merely to protect privacy.
Constitutional Law 1DCA/4 Dec. 9, 2021
Arizona Democratic Party v. Hobbs
Arizona's election-day deadline for voters to correct an unsigned affidavit on their vote-by-mail ballot passed constitutional muster because Arizona's interests justify the deadline and the burden on voters is minimal.
Constitutional Law 9th Dec. 9, 2021
Duncan v. Bonta
California's ban on large-capacity magazines imposes a minimal burden on Second Amendment rights and is a reasonable means to accomplish the state's important statutory objective of reducing gun violence.
Constitutional Law 9th Dec. 2, 2021
Tos v. State of California
As long as the alteration furthers the single object of the law, a bond law may be altered by the Legislature without violating the "single object or work" requirement of the California Constitution.
Constitutional Law 3DCA Dec. 1, 2021
Perry v. Hollingsworth
The court lacked jurisdiction over the appeal because appellants failed to establish that the release of sealed recordings would result in a concrete and particularized injury.
Constitutional Law 9th Nov. 19, 2021
U.S. v. Langley
The decision in Raich v. Gonzales is still binding precedent, and in line with that decision, there is no fundamental right to use medical marijuana.
Constitutional Law 9th Nov. 17, 2021
People v. Fisher
A statute mandating the disparate punishment of similarly situated convicted felons violated constitutional equal protection principles.
Constitutional Law 1DCA/4 Nov. 17, 2021
Y.C. v. Superior Court (People)
Statements taken in violation of the Fifth and Sixth Amendments could not be sealed merely to protect privacy.
Constitutional Law 1DCA/4 Nov. 10, 2021
Doe v. Garland
Plaintiff failed to state a constitutional right to privacy claim because the type of information contained in government press releases did not implicate his constitutional privacy rights.
Constitutional Law 9th Nov. 10, 2021