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Tag Archives: Constitutional

Ethics charges are filed over blog (access required)

Richmond lawyer Horace F. Hunter faces a June 10 disciplinary hearing before the Virginia State Bar on a charge that a blog on his law firm website does not carry a disclaimer. Hunter says the VSB’s demand for a disclaimer ...

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Constitutional – First Amendment – Medal Claim – Stolen Valor Act (access required)

A Big Stone Gap U.S. District Court says the Stolen Valor Act of 2005 does not violate defendant’s First Amendment free speech rights, and the court refuses to dismiss an indictment charging defendant political candidate with altering documentation submitted to ...

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Constitutional – Federal Health Care Challenge – Commerce Clause (access required)

A Richmond U.S. District Court strikes § 1501 of the Patient Protection and Affordable Care Act, a provision that requires individuals to either obtain a minimum level of health insurance coverage or pay a penalty for failure to do so, ...

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Constitutional – Patient Protection Act – Commerce Clause (access required)

A Lynchburg U.S. District Court upholds the Patient Protection and Affordable Care Act of 2009, in the face of a constitutional challenge by plaintiff Liberty University, based on the Commerce Clause, the First Amendment and other constitutional provisions. The Patient ...

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Old lab report procedure invalid under Melendez, court holds (access required)

Following the U.S. Supreme Court’s holding in Melendez-Diaz, the Supreme Court of Virginia has acknowledged Virginia’s former procedure for admission of lab reports in criminal trials failed to safeguard a defendant’s rights under the Confrontation Clause. The decision today in ...

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