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Modification: People for the Ethical Operation of Prosecutors v. Spitzer
Plaintiffs satisfied basic requirements of taxpayer claim under Code of Civil Procedure Section 526a and had standing to sue.
Constitutional Law 4DCA/3 Sep. 10, 2020
City of Los Angeles v. Herman
Restraining order precluding defendant from threatening plaintiff during city council meetings was not a violation of defendant's First Amendment right to freedom of speech.
Constitutional Law 2DCA/2 Sep. 2, 2020
Duncan v. Becerra
California's statewide ban on possession of large capacity magazines that hold more than ten rounds of ammunition, substantially burdened core Second Amendment rights.
Constitutional Law 9th Aug. 17, 2020
MetroPCS California v. Picker
California Public Utilities Commission resolutions governing universal service contributions from prepaid wireless providers were not facially preempted by the Telecommunications Act.
Constitutional Law 9th Aug. 17, 2020
People for the Ethical Operation of Prosecutors v. Spitzer
Plaintiffs satisfied basic requirements of taxpayer claim under Code of Civil Procedure Section 526a and had standing to sue.
Constitutional Law 4DCA/3 Aug. 14, 2020
Modification: Pico Neighborhood Association v. City of Santa Monica
Parties must show the government acted with the goal of achieving a discriminatory end for a successful equal protection claim.
Constitutional Law 2DCA/8 Aug. 7, 2020
Ashker v. Newsom
A district court must specially designate a magistrate judge's authority to enter a final order.
Constitutional Law 9th Aug. 4, 2020
Modification: Smith v. Superior Court
Delegating judicial duties to a pro per coordinator undermines judicial authority in violation of the separation of powers doctrine.
Constitutional Law 3DCA Jul. 24, 2020
Pierce v. Ducey
Arizona citizen lacked Article III standing to sue in federal court that Proposition 123 violated the New-Mexico Enabling Act of 1910.
Constitutional Law 9th Jul. 22, 2020
Amended Opinion: Fazaga v. Walls
Foreign Intelligence Surveillance Act displaces federal common law state secrets privilege; its procedures are to be used when party challenges legality of electronic surveillance.
Constitutional Law 9th Jul. 21, 2020
Heineke v. Santa Clara University
Receipt of federal and state funds conditioned on compliance with anti-discrimination laws is insufficient to convert private conduct into state action.
Constitutional Law 9th Jul. 21, 2020
Smith v. Superior Court
Delegating judicial duties to a pro per coordinator undermines judicial authority in violation of the separation of powers doctrine.
Constitutional Law 3DCA Jul. 16, 2020
Pico Neighborhood Association v. City of Santa Monica
Parties must show the government acted with the goal of achieving a discriminatory end for a successful equal protection claim.
Constitutional Law 2DCA/8 Jul. 13, 2020
Trump v. Mazars USA, LLP
Lower courts did not take adequate account of significant separation of powers concerns implicated by congressional subpoenas for President's information.
Constitutional Law USSC Jul. 10, 2020
Trump v. Vance
Article II and Supremacy Clause did not categorically preclude or require heightened standard for issuance of state criminal subpoena to sitting President.
Constitutional Law USSC Jul. 10, 2020
Our Lady of Guadalupe School v. Morrissey-Berru
Ninth Circuit erred in reversing summary judgment for religious schools under ministerial exception because First Amendment's Religion Clauses foreclosed adjudication of plaintiffs' employment discrimination claims.
Constitutional Law USSC Jul. 9, 2020
Chiafalo v. Washington
State may enforce an elector's pledge to support his party's nominee--and the state voters' choice--for President.
Constitutional Law USSC Jul. 7, 2020
Colorado Dept. of State v. Baca
Judgment of Tenth Circuit was reversed for reasons stated in 'Chiafalo v. Washington.'
Constitutional Law USSC Jul. 7, 2020
City and County of San Francisco v. All Persons Interested in the Matter of Proposition C
Proposition 13's supermajority vote requirements coexist with, and do not displace, the people's power of enactment by majority vote.
Constitutional Law 1DCA/4 Jul. 2, 2020
Espinoza v. Montana Dept. of Revenue
Montana's no-aid provision barring religious schools from public benefits solely because of religious status discriminated against religious schools and those wishing to attend them in violation of Free Exercise Clause.
Constitutional Law USSC Jul. 1, 2020
People v. Lopez
Senate Bill No. 1437 did not unconstitutionally amend Proposition 7, but created a postjudgment procedure for obtaining relief from felony-murder convictions.
Constitutional Law 2DCA/2 Jul. 1, 2020
Seila Law LLC v. Consumer Financial Protection Bureau
Consumer Financial Protection Bureau's leadership by a single individual removable only for inefficiency, neglect, or malfeasance violates the separation of powers.
Constitutional Law USSC Jun. 30, 2020
June Medical Services L. L. C. v. Russo
Louisiana's law requiring doctors who perform abortions to have admitting privileges at a nearby hospital imposes an undue burden and is thus unconstitutional.
Constitutional Law USSC Jun. 30, 2020
Agency for Int'l Development v. Alliance for Open Society
Foreign organizations operating abroad possess no rights under the First Amendment regardless of domestic affiliations.
Constitutional Law USSC Jun. 30, 2020
State of California v. Trump
Budgetary transfers of funds for construction of wall on southern border of United States were not authorized under Department of Defense Appropriations Act of 2019.
Constitutional Law 9th Jun. 29, 2020
Sierra Club v. Trump
Where plaintiffs establish that they satisfy requirements of Article III standing, they may invoke separation-of-powers constraints, like Appropriations Clause, to challenge agency spending in excess of its delegated authority.
Constitutional Law 9th Jun. 29, 2020
Van v. LLR Inc.
The temporary loss of use of one's money constitutes an injury in fact for purposes of Article III standing.
Constitutional Law 9th Jun. 25, 2020
People ex rel. Gascon v. HomeAdvisor, Inc.
Commercial speech that is inherently likely to deceive may be regulated because there is no First Amendment interest at stake.
Constitutional Law 1DCA/5 Jun. 9, 2020
Thole v. U. S. Bank N. A.
Participants in defined-benefit retirement plan lacked standing under Employee Retirement Income Security Act because they did not have concrete stake in lawsuit.
Constitutional Law USSC Jun. 2, 2020
Financial Oversight and Management Bd. for Puerto Rico v. Aurelius Investment, LLC
Financial Oversight and Management Board members' selection was not subject to constraints of Appointments Clause because members had primarily local duties.
Constitutional Law USSC Jun. 2, 2020