Constitution Tag

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."...

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."...

https://twitter.com/Julio_Rosas11/status/1346894172574404613

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”...

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" ...

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. ...

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....

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....

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....

https://twitter.com/RNCResearch/status/1370188126459719684

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....

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....

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”...

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.”...

https://www.youtube.com/watch?v=8ix9IkwjbUg

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.

Yale Prof Wants Constitution Amended to Impose International Law on Americans

Posted by Mike LaChance on August 15, 2021 10 Comments

"argues that the United States should model its constitution after post-war Germany’s, insofar as its respect for international law over national sovereignty goes"...

https://commons.wikimedia.org/wiki/File:JudgeJamesHo.jpg Public Domain

Appeals Judge Slams Critical Race Theory: “Prohibiting racial discrimination means we must be blind to race”

Posted by William A. Jacobson on August 02, 2021 44 Comments

"Equity" and other CRT approaches will eventually have a judicial reckoning. 5th Circuit Judge James C. Ho concurring opinion: "Citizens may fairly wonder how officials can condemn race-neutral policies as racist and defend explicitly race-conscious programs as inclusive."...

Non-Violent Capitol Hill Trespasser Timothy Hale-Cusanelli’s Racist Views Do Not Justify Continued Detention Without Bail

Posted by Ameer Benno on July 11, 2021 84 Comments

Appeals Court upholds detention without bail. The fervor to take down those individuals who participated in the protest and riot on Jan. 6 has let loose a wrecking ball that is pulverizing core constitutional rights....

The Disciplinary Railroading of Rudy Guiliani

Posted by Ameer Benno on July 06, 2021 56 Comments

The freewheeling and politically-ionized standards employed by the court to suspend Guiliani's law license on an emergency basis without hearing erode trust in our justice system....

Yet Another Biden Program Favoring Non-Whites Halted By Federal Judge

Posted by William A. Jacobson on June 24, 2021 30 Comments

"Plaintiff is a White farmer in Jennings, Florida who has qualifying farm loans but is ineligible for debt relief under Section 1005 solely because of his race." Judge agrees: "Race or ethnicity is the sole, inflexible factor that determines the availability of relief provided by...

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