Constitution Tag

Our SCOTUS Brief: “The Grand Judicial Experiment of Excusing Racial Discrimination in University Admissions … Has Failed”

Posted by William A. Jacobson on May 09, 2022 35 Comments

Legal Insurrection Foundation Files Supreme Court Brief In Support Of Asian Students Challenging Race-Based Affirmative Action...

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10th Circuit Denies Native American Request To Halt Colorado “Mascot” Ban Pending Appeal

Posted by William A. Jacobson on January 28, 2022 33 Comments

Plaintiffs' attorney: “We’re proceeding to discovery in the district court later today and waiting on the final scheduling order, but in any event will be filing a motion for summary judgment in February....

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Supreme Court Agrees To Hear Harvard and UNC Affirmative Action Cases

Posted by William A. Jacobson on January 24, 2022 35 Comments

The cases put affirmative action, that is, discrimination in order to achieve racial diversity, squarely on the table for reconsideration....

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Catholic University of America Prof Says ‘The Constitution isn’t Working’

Posted by Mike LaChance on December 30, 2021 8 Comments

"The document, written in 1787, isn’t working."...

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University of Miami Law Prof Wants ‘Redo’ of the First and Second Amendments

Posted by Mike LaChance on December 20, 2021 20 Comments

“Once a defense of the powerless, the First Amendment over the last hundred years has mainly become a weapon of the powerful”...

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Court Denies Injunction Sought By Native Americans Challenging Colorado “Mascot” Ban As Discriminatory

Posted by William A. Jacobson on December 03, 2021 40 Comments

Plaintiffs' Attorney: "The District Court’s order would lead to absurd results. Schools might find out at the end of our case that Colorado’s law forcing them to change their name was unconstitutional all along."...

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Appeals Court Halts Biden OSHA Employer Vaccine Mandate Pending Consideration of Permanent Injunction

Posted by William A. Jacobson on November 12, 2021 37 Comments

"IT IS FURTHER ORDERED that OSHA take no steps to implement or enforce the Mandate until further court order."...

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Judge Frees J6 Prisoner Once He Denounced Trump and Promised Not To Watch TV News

Posted by Ameer Benno on November 10, 2021 29 Comments

Thomas Sibick had to agree not to watch “any news programs or political programs or talk shows” and not to attend any “political rallies”...

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Native American Lawsuit Challenges Colorado Ban On Native American “Mascots” As Discriminatory

Posted by William A. Jacobson on November 07, 2021 35 Comments

Allege that sweeping ban is discriminatory: "SB 21-116 sweeps derisive, neutral, and honorific uses of Native American names and imagery together into the universal term “American Indian mascot" ...

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Let’s Go, Brandenburg! Parents Have Constitutional Right To (Loudly) Criticize School Boards

Posted by Ameer Benno on October 29, 2021 11 Comments

The Supreme Court’s jurisprudence on fighting words and true threats makes clear that parents have an indisputable First Amendment right to forcefully condemn school policies they dislike – and to raise their voices while doing so.  ...

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Texas Fetal Heartbeat Law Still Beats, Supreme Court Leaves In Place But Agrees To Expedited Review

Posted by William A. Jacobson on October 22, 2021 14 Comments

Question for oral argument on November 1 focuses on DOJ standing: "May the United States bring suit in federal court and obtain injunctive or declaratory relief against the State, state court judges, state court clerks, other state officials, or all private parties to prohibit S.B....

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The Government’s Case Against Many Jan. 6 Defendants is in Legal Jeopardy

Posted by Ameer Benno on September 29, 2021 58 Comments

The obstruction charge on which the government is relying so heavily may, in fact, be unconstitutional as applied to most of the Jan. 6 defendants....

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Lawsuit: NY’s Gov’s Vax Mandate Deliberately Ignores Constitution and Federal Law Prohibiting Religious Discrimination

Posted by Ameer Benno on September 21, 2021 33 Comments

Although the regulation allows for a medical exemption from the vaccination requirement, it provides no religious exemption whatsoever. This was no oversight....

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Biden’s Unlawful Vaccine Mandate Just His Latest Power Grab

Posted by Ameer Benno on September 12, 2021 69 Comments

In Federalist 48, James Madison observed that “power is of an encroaching nature,” and that it’s the natural tendency of those in power to exceed their authority. Madison must have been thinking about a politician like Joe Biden....

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DOJ “Retreating” In Court From Defending Biden Admin Anti-White Discriminatory Racial Preferences

Posted by William A. Jacobson on September 04, 2021 17 Comments

This does not signal that the Biden administration, which has fully embraced the Critical Race Theory approach to policy, has changed its mind. Rather, this is a tactical retreat....

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Georgia State to Celebrate Constitution Day With Events Promoting Liberal Activism

Posted by Mike LaChance on August 24, 2021 1 Comment

“importance of advocacy, activism and understanding of law and policy”...

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D.C. Circuit Rebukes Lower Court On Indefinite Detention Without Bail Of Jan. 6 Protester George Tanios

Posted by Ameer Benno on August 19, 2021 37 Comments

"“The record reflects that [George Pierre] Tanios has no past felony convictions, no ties to any extremist organization, and no post-January 6 criminal behavior that would otherwise show him to pose a danger to the community.”...

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Employees in One Missouri School District Sue Over ‘Equity Training,’ Claiming it’s Unconstitutional

Posted by Mike LaChance on August 19, 2021 10 Comments

Two people who work for a Missouri school district are suing it, claiming that the 'equity training' they had to undergo for work violated their First Amendment rights by forcing them to say things they didn't believe. Some people, including Megyn Kelly, have suggested that taking legal action is the way through a situation like this one.

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