Constitutional Law Prof Blogtag:typepad.com,2003:weblog-17318182012-01-26T23:57:00-05:00A Member of the Law Professor Blogs NetworkTypePadConstitutionalLawProfBloghttp://feedburner.google.comThird Circuit: Federal Buy America Act Does Not Preempt State Lawtag:typepad.com,2003:post-6a00d8341bfae553ef0163003225f5970d2012-01-26T23:57:00-05:002012-01-27T00:11:25-05:00A three-judge panel of the Third Circuit ruled this week in Mabey v. Schoch that the federal Buy America Act and implementing regulations do not preempt Pennsylvania's Steel Act. Both acts require the use of steel made in the United...constitutional lawbloggerChaskalson on Constitutionalism and Administrative Lawtag:typepad.com,2003:post-6a00d8341bfae553ef0163002c838b970d2012-01-26T16:26:52-05:002012-01-26T16:26:52-05:00"It is probably inevitable that there should be some tension between judges and politicians in a country like ours where the Constitution entrenches the rule of law, and makes provision for an independent judiciary, and judicial review of legislative and...constitutional lawbloggerHouse Republicans Seek White House Health Care Reform Memostag:typepad.com,2003:post-6a00d8341bfae553ef01630021ec43970d2012-01-25T21:53:40-05:002012-01-25T21:53:40-05:00Republicans in the House Energy and Commerce Committee wrote to the White House demanding memos on White House deliberations on health care reform referenced in Ryan Lizza's piece in The New Yorker, The Obama Memos: The Making of a Post-Post-Partisan...constitutional lawbloggerPress Freedom Index: US Falls tag:typepad.com,2003:post-6a00d8341bfae553ef01676116d12a970b2012-01-25T21:42:20-05:002012-01-25T21:42:47-05:00Most Americans take pride in the First Amendment's guarantee of freedom of the press: "Congress shall make no law . . . abridging the freedom of speech, or of the press." However, Reporters Without Borders has ranked the United States...constitutional lawbloggerFourth Circuit Rejects Padilla's Civil Claimstag:typepad.com,2003:post-6a00d8341bfae553ef0167610096ab970b2012-01-24T12:25:35-05:002012-01-24T12:25:35-05:00A three-judge panel of the Fourth Circuit yesterday rejected Jose Padilla's civil claims against Donald Rumsfeld and other high-level government officials growing out of his designation as an enemy combatant and his military detention. The ruling, Lebron v. Rumsfeld, is...constitutional lawbloggerTenth Circuit Finds Banning Registered Sex Offenders from Libraries Unconstitutionaltag:typepad.com,2003:post-6a00d8341bfae553ef0162fff9a801970d2012-01-22T18:11:50-05:002012-01-23T10:07:05-05:00The City of Albuquerque issued an "Administrative Instruction" banning registered sex offenders from "all public libraries" and further that "Library staff shall send a letter to every sex offender who has a library card and inform them they are no...constitutional lawbloggerNinth Circuit Rejects As Applied Challenge to Washington Election Systemtag:typepad.com,2003:post-6a00d8341bfae553ef0168e5e70884970c2012-01-21T16:24:47-05:002012-01-21T16:24:47-05:00A three-judge panel of the Ninth Circuit this week rejected an as-applied challenge to the two-phase Washington state election system held over from the Supreme Court's ruling in Washington State Grange v. Washington State Republican Party (2008). Recall that the...constitutional lawbloggerOccupy Jacket-wearer Arrested at Supreme Court Buildingtag:typepad.com,2003:post-6a00d8341bfae553ef016760e3b2b9970b2012-01-21T09:21:49-05:002012-01-21T14:47:11-05:00The video below is entitled "Man Arrested for Wearing Occupy Jacket at Supreme Court" (h/t Virginia Wilber) and the title seems accurate. Although we don't have a good view of the jacket, the officer clearly refers to it (and asks...constitutional lawbloggerSupreme Court Vacates Texas Court Redistricting Mapstag:typepad.com,2003:post-6a00d8341bfae553ef0162ffe63f63970d2012-01-20T11:08:37-05:002012-01-20T11:20:01-05:00The Supreme Court today vacated the Texas district court redistricting maps in Perry v. Perez, saying that it was "unclear whether [the district court] followed the appropriate standards in drawing" those maps. The ruling sends the case back to the...constitutional lawbloggerJustice Stevens on Colbert Report on Citizens United, et. al. tag:typepad.com,2003:post-6a00d8341bfae553ef0162ffe4975c970d2012-01-20T08:31:26-05:002012-01-20T12:29:47-05:00In case you missed retired Justice JP Stevens on The Colbert Report: The Colbert Report Mon - Thurs 11:30pm / 10:30c Colbert Super PAC - John Paul Stevens www.colbertnation.com Colbert Report Full Episodes Political Humor & Satire Blog Video Archive...constitutional lawbloggerGroups Challenge President's Recess Appointmentstag:typepad.com,2003:post-6a00d8341bfae553ef0168e5c73d03970c2012-01-19T00:28:00-05:002012-01-19T00:28:01-05:00Plaintiffs in ongoing litigation filed a motion last Friday challenging President Obama's recent recess appointments to the NLRB. We most recently posted on the appointments here and here. The plaintiffs--including the National Right to Work Legal Defense and Education Foundation...constitutional lawbloggerSOPA & Protect-IP Bills Provoke First Amendment Concerns tag:typepad.com,2003:post-6a00d8341bfae553ef016760bd3190970b2012-01-18T20:10:36-05:002012-01-18T20:14:09-05:00SOPA, the Stop Online Privacy Act, H.R.3261, and its Senate counterpart, Protect-IP Act, S. 968, seek to protect copyright on the internet. It has provoked a day of protest today, including "blackouts" by Wikipedia, Reddit, and other sites, contending that...constitutional lawbloggerCFP: Gardens of Justice tag:typepad.com,2003:post-6a00d8341bfae553ef0162ffc18ec1970d2012-01-17T21:17:16-05:002012-01-17T21:17:16-05:00What are constitutions if not plans for gardens? A wonderful and imaginative call for papers for a critical legal conference in Stokholm this September, via Kate Sutherland at Osgoode Hall's law.arts.culture. From the CFP: "The theme for next year’s Critical...constitutional lawbloggerFourth Circuit to Rick Perry (and Gingrich): Laches, Laches, Lachestag:typepad.com,2003:post-6a00d8341bfae553ef016760b5a6e3970b2012-01-17T20:45:55-05:002012-01-17T20:57:02-05:00"We cannot grant Movant’s request for this extraordinary remedy. We find it unnecessary to address whether Movant would ikely succeed in his constitutional challenges because the district court was correct in concluding that the defense of laches bars the requested...constitutional lawbloggerMLK Day 2012tag:typepad.com,2003:post-6a00d8341bfae553ef0168e59fc5d7970c2012-01-16T08:30:52-05:002012-01-16T08:37:35-05:00President Obama's Presidential Proclamation on Martin Luther King Day, 2012, includes these words: At a time when our Nation was sharply divided, Dr. King called on a generation of Americans to be "voices of reason, sanity, and understanding amid the...constitutional lawblogger. . . and Candidate Rick Perry has filed an appeal to the Fourth Circuit tag:typepad.com,2003:post-6a00d8341bfae553ef0162ffa08b4f970d2012-01-15T15:39:12-05:002012-01-17T21:31:14-05:00Republican Presidential Candidate Rick Perry has appealed from the district court's order denying his First Amendment claim for a preliminary injunction. In the emergency motion for injunction pending appeal, Perry's attorneys argue that the requirements for laches - - -...constitutional lawbloggerFour Republican Candidates Lose First Amendment Ballot Challenge in Virginia on Lachestag:typepad.com,2003:post-6a00d8341bfae553ef0168e58613f2970c2012-01-14T11:46:22-05:002012-01-15T15:40:37-05:00In the opinion in Perry v. Judd (with Gingrich, Huntsman, and Santorum as intervenors), Judge John Gibney of the Eastern District of Virginia denied the motion for preliminary injunction seeking to allow the Republican candidates on the ballot on the...constitutional lawbloggerPosner, Dreadlocks, and Free Exercise: Seventh Circuit Allows Prisoner Suit to Proceedtag:typepad.com,2003:post-6a00d8341bfae553ef0168e57abe20970c2012-01-13T15:31:42-05:002012-01-15T15:45:56-05:00Writing the opinion in Grayson v. Schuler, Judge Posner, in his imitable style, has rejected what he terms a "Rastafarian exception" to a prison practice of allowing Rastafarians, but not others, to have dreadlocks. In case readers of the opinion...constitutional lawbloggerOLC OKs President Obama's Recess Appointmentstag:typepad.com,2003:post-6a00d8341bfae553ef0168e56c9bda970c2012-01-12T16:28:23-05:002012-01-12T16:27:27-05:00The Justice Department Office of Legal Counsel today released its opinion (dated January 6, 2012) concluding that President Obama had authority under the Recess Appointments Clause to appoint Richard Cordray as head of the Consumer Financial Protection Bureau and members...constitutional lawbloggerThe Supreme Court Recognizes the Ministerial Exception in Hosana-Tabor Evangelical Lutheran Church and Schooltag:typepad.com,2003:post-6a00d8341bfae553ef0168e55dba95970c2012-01-11T16:35:22-05:002012-01-11T16:36:15-05:00In a unanimous and somewhat narrow opinion today, the United States Supreme Court in Hosana-Tabor Evangelical Lutheran Church and School v. EEOC recognized the so-called "ministerial exception" barring a lawsuit against a religious organization by an employee seeking relief pursuant...constitutional lawblogger