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People v. Bolourchi
Jurors at a motorist's DUI trial may draw an adverse inference of consciousness of guilt based on the motorist's refusal to submit to a pre-warrant blood test upon arrest.
Criminal Law and Procedure, Constitutional Law 1DCA/4 Jul. 2, 2024
Moody v. NetChoice, LLC
To succeed on a facial challenge to the First Amendment, it was necessary to demonstrate the unconstitutional applications of content moderation laws were substantial compared to the statute's plainly legitimate sweep.
Constitutional Law USSC Jul. 2, 2024
City of Grants Pass v. Johnson
Enforcement of anti-camping laws is not cruel and unusual punishment, even if the violation, as applied to the homeless, is arguably involuntary.
Constitutional Law USSC Jul. 1, 2024
U.S. v. Rahimi
Regulation allowing temporary firearm possession restriction after defendant threatened others' physical safety did not violate Second Amendment given regulation's historical alignment with firearm misuse.
Constitutional Law USSC Jun. 24, 2024
Department of State v. Munoz
A U.S. citizen does not have a fundamental liberty interest in a noncitizen spouse being admitted to the country.
Constitutional Law, Immigration USSC Jun. 24, 2024
Erlinger v. U.S.
The Fifth and Sixth Amendments require a unanimous jury to make the determination beyond a reasonable doubt that a defendant's past offenses were committed on separate occasions for Armed Career Criminal Act purposes.
Constitutional Law, Criminal Law and Procedure USSC Jun. 24, 2024
Bacon v. Woodward et. al
Firefighters plausibly alleged free exercise violations where Spokane refused to grant COVID vaccination exceptions, but worked with neighboring cities' firefighters who had been granted exemptions.
Constitutional Law 9th Jun. 19, 2024
Vidal v. Elster
Lanham Act's names clause, which prevented plaintiff from trademarking "Trump too small," did not violate the First Amendment.
Constitutional Law USSC Jun. 14, 2024
B&L Productions, Inc. v. Newsom
Statutes prohibiting the sale of firearms on state grounds (primarily fairgrounds) did not infringe on First and Second Amendment constitutional rights.
Constitutional Law 9th Jun. 12, 2024
Seattle Pacific University v. Ferguson
Religious university had standing on claims regarding anticipated enforcement of anti-discrimination law in response to its ongoing employment policies that discriminated based on sexual orientation.
Constitutional Law 9th Jun. 10, 2024
National Rifle Association of America v. Vullo
National Rifle Association plausibly alleged First Amendment violation by government official who used her status to induce NRA-affiliates to terminate gun-promoting relationships.
Constitutional Law USSC May 31, 2024
Thornell v. Jones
Ninth Circuit's interpretation and application of *Strickland v. Washington* was erroneous.
Constitutional Law, Criminal Law and Procedure USSC May 31, 2024
Alexander v. South Carolina State Conference of the NAACP
South Carolina's redistricting that arguably diluted the voting power of Black voters was constitutional where it appeared that the redistricting served partisan goals, with racial impact being merely a side effect.
Constitutional Law USSC May 24, 2024
Ghost Golf, Inc. v. Newsom
Governor Newsom's COVID-19 Blueprint regime did not exceed the legislative authority granted by the Emergency Services Act and was not an improper delegation.
Constitutional Law 5DCA May 22, 2024
Nielsen v. Thornell
Arizona inmates did not have a protected liberty interest in avoiding private prisons because they did not impose an "atypical or significant hardship" beyond ordinary prison conditions.
Prisoners Rights, Constitutional Law 9th May 22, 2024
Consumer Financial Protection Bureau v. Community Financial Services Assn. of America, Ltd.
Bureau of Consumer Financial Protection's funding mechanism did not violate the Constitution's Appropriations Clause.
Constitutional Law USSC May 17, 2024
Amended Opinion: Apache Stronghold v. U.S.
Apache tribe members were unlikely to succeed on their Free Exercise Clause claim against a transfer of sacred land because the transfer would not coerce them into acting contrary to their religious beliefs.
Constitutional Law 9th May 15, 2024
Culley v. Marshall
Separate preliminary hearings were constitutionally unwarranted when case law established that car owners' due process rights were protected by timely civil forfeiture hearings.
Constitutional Law USSC May 10, 2024
U.S. v. Duarte
Federal statute banning non-violent convicts from possessing firearms violated defendant's Second Amendment rights.
Constitutional Law, Criminal Law and Procedure 9th May 10, 2024
Jane Doe v. Bonta
California legislation enabling firearm violence research using California Department of Justice databases did not violate registered gun owners' privacy rights.
Constitutional Law 9th May 9, 2024
Bradford v. Paramo
Denial of habeas petition was reversed where state court concluded that because excluding exculpatory evidence was consistent with the rules of evidence, there was no constitutional violation.
Constitutional Law, Criminal Law and Procedure 9th May 6, 2024
U.S. v. Anderson
An officer's non-compliance with department policy governing inventory searches is not fatal to the inventory search exception but it may suggest impermissible motives.
Criminal Law and Procedure, Constitutional Law 9th May 3, 2024
Diamond S.J. Enterprise, Inc., DBA S. J. Live v. City of San Jose
Nightclub's facial attack on San Jose nuisance ordinances failed because the challenged provisions did not give city officials unbridled discretion that created a risk of censorship.
Constitutional Law, Municipal Law 9th May 1, 2024
Meinecke v. City of Seattle
Bible-reading speaker's free speech rights prevailed over City's restrictions, when less speech-restrictive means were available to achieve public safety from assaulting hecklers.
Constitutional Law 9th Apr. 19, 2024
DeVillier v. Texas
State law, rather than the Fifth Amendment, provided the proper procedural vehicle for petitioner to allege his takings claim against Texas.
Constitutional Law USSC Apr. 17, 2024
Dilbert v. Newsom
Writ relief was properly denied because petitioner had no due process right to clemency or consideration of his application for clemency within a particular time frame.
Constitutional Law 3DCA Apr. 9, 2024
Iversen v. Pedro
Plaintiff's sentence of life without the possibility of parole for public indecency did not violate the Eighth Amendment because of his extensive history of sexual offenses.
Constitutional Law 9th Mar. 28, 2024
U.S. v. Perez-Garcia
Pretrial condition of release barring convicts from owning firearms did not violate Second Amendment rights because Bail Reform Act was consistent with nation's history of disarming criminal defendants awaiting trial.
Constitutional Law 9th Mar. 19, 2024
Smith v. Helzer
Alaska's campaign finance regulations survived exacting scrutiny under the First Amendment because their contribution-reporting requirements were not unconstitutionally duplicative or burdensome.
Constitutional Law 9th Mar. 18, 2024
Lindke v. Freed
Social media activity of a state official is only state action where the official has actual authority to speak for the state and purports to be exercising that authority when posting on social media.
Constitutional Law USSC Mar. 18, 2024