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Constitutional Law Prof Blog 

News, analysis, and commentary on constitutional law issues in the courts, the administration, Congress, and the states; and commentary and analysis on constitutional law scholarship.
Post Frequency: 3.1/day Last Entry: November 04, 2020 at 10:04:25 Recent Entries: 989
By Steven D. Schwinn, Ruthann Robson, Nareissa L. Smith
Go to Constitutional Law Prof Blog, find other Constitutional Law blogs, or browse all law blogs.
Missourians Vote on Health Insurance Mandate Nullification Measure
Posted on August 02, 2010Missourians on Tuesday will vote on a referendum aimed at nullifying the individual health insurance mandate enacted as part of the federal health care overhaul earlier this year. The ballot proposal, Proposition C, asks voters if the Missouri statutes--not its...
Kevin Johnson on Racial Profiling
Posted on August 01, 2010The "racial profiling" aspect of Arizona SB 1070, the controversial statute partially enjoined by a federal district judge last week, has been subject to much discussion. In an article published in April (the month SB 1070 was signed into law),...
New Web-Site Tracks Federal Judicial Nominations
Posted on July 31, 2010The American Constitution Society recently launched a new web-site, JudicialNominations.org, that tracks "vacancies, nominations, and other developments in the courts," including congressional statements, video, and actions. This is an outstanding resource for anyone interested in the federal judiciary--user-friendly, comprehensive, and...
The Individual Health Care Mandate and Enumerated Powers at SEALS
Posted on July 31, 2010The Southeastern Association of Law Schools, or SEALS, a regional organization that also includes affiliate schools from around the country, kicked off its annual conference on Friday. The program includes a number of constitutional law panels, perhaps most notably this...
The Inconsistent Tenth Amendment?
Posted on July 30, 2010That was the original title of this Op-Ed, published in the Los Angeles Times today here. RR
Obama as Bush 2.0 on the National Security Constitution
Posted on July 30, 2010The Obama administration has embraced some of the most dangerous and expansive national security positions of the Bush administration and threatens to set a new baseline for presidential authority, according to a report just released by the ACLU. The report,...
Federal Court Issues Preliminary Injunction for Parts of Arizona Immigration Statute SB 1070
Posted on July 28, 2010Federal District Judge Susan Bolton has issued her opinion enjoining the enforcement of certain sections of Arizona SB 1070 including: Portion of Section 2 of S.B. 1070, codified as A.R.S. § 11-1051(B): requiring that an officer make a reasonable attempt...
Massachusetts State Statute to Mandate Election of President By Popular Vote
Posted on July 28, 2010The Massachusetts legislature has passed a ?National Popular Vote? bill and sent it to the Governor. The law, a part of an ?Agreement Among The States To Elect The President By National Popular Vote,? seeks to vitiate the Electoral College...
Immigration Laws Passed by States: Information Available
Posted on July 28, 2010A report issued today by the National Conference of State Legislatures compiles bills proposed, vetoed, and adopted by state legislatures regarding immigration-related issues. This is a great research tool for anyone doing scholarship or litigation in this area, as well...
Sanctuary Cities, Immigration, and Federal Preemption
Posted on July 27, 2010The Obama administration is hypocritical for pursuing Arizona's law to control illegal immigration even as it ignores local governments that order employees not to ask about a person's immigration status or to report it to federal agents, critics claim...
Senate Fails to Advance DISCLOSE Act
Posted on July 27, 2010A day after President Obama's much-publicized scolding of Republicans on campaign finance reform, Senate Democrats failed to garner 60 votes to advance Senator Schumer's revamped DISCLOSE Act. (The House passed the earlier version last month.) The bill increases disclosure requirements...
Federalist Society Focuses on Washington State Supreme Court
Posted on July 27, 2010The Federalist Society has announced the publication of The Washington Supreme Court and the State Constitution: A 2010 Assessment. The 35 page report highlights the takings clause provision of the Washington Constitution as it relates to private property rights...
District Court Grants Another Habeas Petition
Posted on July 26, 2010The government failed to show by a preponderance of evidence that another Yemeni detainee at Guantanamo Bay was part of al Qaeda and therefore detainable, Judge Friedman (D.D.C.) ruled in an early July opinion released on Friday. The case, Almerfedi....
Arizona HB 2013 Likely Unconstitutional: Federal Court Orders State Employee Benefits for Same-Sex Domestic Partners
Posted on July 24, 2010With all the attention to the constitutional challenges to Arizona SB 1070 on immigration, it would be easy to miss a federal district court decision granting a preliminary injunction against another recently passed Arizona statute signed into law by Governor...
Commentary by Sherrilyn Ifill
Posted on July 23, 2010Sherrilyn Infill, ConLawProf at the University of Maryland School of Law and author of On the Courthouse Lawn: Confronting the Legacy of Lynching in the Twenty-first Century, has two recent commentaries worth reading. In her just published and provocatively titled...
Another Try to Blunt Citizens United
Posted on July 23, 2010Senator Schumer on Wednesday introduced a new version of the DISCLOSE Act, his attempt to blunt the impact of the Supreme Court's January 2010 ruling in Citizens United v. FEC. That case held that federal restrictions on corporate and labor...
The Proposed Constitution of Kenya, Abortion, and the Obama Administration
Posted on July 22, 2010Four GOP House members this week asked the Inspector General for the U.S. Agency for International Development to investigate whether the Obama administration misused appropriated funds to support Kenya's proposed constitution. Reps. Chris Smith, Ileana Ros-Lehtinen, Darrell Issa, and Frank...
What is an Enemy Combatant?
Posted on July 22, 2010David Mortlock, attorney-adviser at the State Department, takes up this question in his recent blog post at the American Constitution Society and article in the Harvard Law & Policy Review. Mortlock notes that the courts don't have a settled definition...
Immigration Ordinance in Nebraska City of Fremont Challenged
Posted on July 22, 2010The ?Immigration Ordinance? of Fremont, Nebraska prohibits ?the harboring of illegal aliens or hiring of unauthorized aliens.? Ordinance 5165 was passed by a ballot initiative this June (by a vote of 3906 to 2908) and is scheduled to become effective...
The Tea Party Constitution and Its Critics
Posted on July 21, 2010The Constitutional Accountability Center this week launched a new project, Strange Brew: The Constitution According to the Tea Party, to take on Tea Party claims about the U.S. Constitution. Its first publication in the project, an issue brief titled Setting...
Court (Re)Abstains on Khadr's Habeas Petition
Posted on July 21, 2010Judge John Bates (D.D.C.) ruled yesterday that Guantanamo detainee Omar Khadr could file a second amended habeas petition, but that the court would again abstain from hearing it under Schlesinger v. Councilman (holding that "federal courts normally will not entertain...
Margaret Marshall, CJ of Massachusetts Supreme Judicial Court Announces Retirement
Posted on July 21, 2010Best known as the author of Goodridge v. Department of Public Health, the 2003 case that declared the exclusion of same-sex couples from marriage unconstitutional as a matter of state law, Margaret Marshall, 66, announced her retirement today. The press...
Arizona Immigration in Federal Court - - - but not on Television (or You Tube)
Posted on July 21, 2010Arizona District Judge Susan Bolton, in a brief order, has denied the request of the First Amendment Coalition of Arizona to "permit camera coverage and rebroadcast of the preliminary injunction and motion to dismiss hearings" scheduled for tomorrow, July 22...
Sotomayor Biography and Memoir
Posted on July 20, 2010Sonia Sotomayor is "honored to be working with the distinguished publishing house of Alfred A. Knopf on the publication of my memoir,? according to Knopf, which has announced the signing of a contract for the as-yet-untitled memoir. There is also...
Kagan Confirmed by Judiciary Senate Committee
Posted on July 20, 2010The vote was 13-6, largely along party lines, with Lindsey Graham joining the majority of Democrats in the Senate Judiciary Committee to confirm the nomination of Elena Kagan to the United States Supreme Court. Committee Members are: Chair, Patrick J...
Top Secret America
Posted on July 19, 2010The Washington Post has launched its feature "Top Secret America." The project consists of three days of investigative reporting articles, the first one today entitled "A hidden world, growing beyond control." The project also includes a searchable online database detailing...
Health Insurance Mandate: "Commerce" or "Tax"?
Posted on July 18, 2010The Obama administration switched its position on the individual health insurance mandate and now claims that it is a "tax," according to the New York Times in a provocatively titled article Changing Stance, Administration Now Defends Insurance Mandate as a...
Zywicki at Cato: Repeal the Seventeenth Amendment
Posted on July 16, 2010Professor Todd Zywicki (George Mason) made a case for repeal of the Seventeenth Amendment in this Cato Institute podcast, posted Thursday. The Seventeenth Amendment, ratified in 1913, provides for direct election of U.S. Senators by the people (and not, as...
Lynne Stewart
Posted on July 15, 2010Lynne Stewart, the criminal defense and activist attorney, was re-sentenced today in New York pursuant to the Second Circuit decision, US. v. Stewart, 590 F. 3d 93 (2nd Cir. 2009) disapproving her original 28 month sentence and remanding for resentencing...
Questions about Berwick's Recess Appointment
Posted on July 15, 2010All ten Republicans on the Senate Finance Committee yesterday asked Chairman Max Baucus for a hearing on President Obama's recess appointment of Dr. Donald Berwick as Administrator of the Centers for Medicare & Medicaid Services in the Department of Health...
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The Mexico Trucker Blog
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Case Law Development: Constitutional Challenge to Paternity Laws Dismissed For Failure to State Claim
A three-judge panel of the 6th U.S. Circuit Court of Appeals uphel...
If a person defames me and threatens me to pay a bill that they made and it is posted to others besides myself, can I sue ?
The documentation of your actions in this case pretty much preclude any legal ac...
Is it libel to write blog posts and/or online reviews about a local business that defames one's reputation?
Libel is the form of defamation expressed in fixed-- usually written form. Sland...
How can I make my blog more popular?
You have to write and submit articles, with backlinks to your blogsite....

If a person defames me and threatens me to pay a bill that they made and it is posted to others besides myself, can I sue ?
The documentation of your actions in this case pretty much preclude any legal ac...
Is it libel to write blog posts and/or online reviews about a local business that defames one's reputation?
Libel is the form of defamation expressed in fixed-- usually written form. Sland...
How can I make my blog more popular?
You have to write and submit articles, with backlinks to your blogsite....








