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Tag Archives: Constitutional

Process to challenge inclusion in terrorism database deemed inadequate (access required)

Where the current post-inclusion process of challenging being listed in the federal government’s Terrorist Screening Database, or TSDB, does not provide a constitutionally adequate opportunity to rebut evidence relied upon in assigning a person TSBD status, it violates the Due ...

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Prisoner is entitled to video evidence of prison incident (access required)

Where the testimony of an inmate and a prison official differed over what took place after officers ordered inmates to stay in their cubicles, the inmate is entitled to potentially exculpatory video evidence of the incident unless the government establishes ...

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Sex offender statute does not violate Constitution (access required)

Although the plaintiff argued the Virginia Sex Offender and Crimes Against Minors Registry violated both the Ex Post Facto and Due Process provisions of the United States Constitution, the court held the statute survived these constitutional challenges. Background In January ...

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Court stays case until next General Assembly session (access required)

A lawsuit challenging the constitutionality of a Virginia statute that automatically suspends drivers’ licenses for failure to pay state court fines and costs was stayed to allow the General Assembly an opportunity to repeal the statute. Background Before the court ...

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Denial of voter list to out-of-state resident can be challenged (access required)

An out-of-state citizen could bring a constitutional challenge against a statute that limited copies of the state’s registered voter list to state residents because the list was closely connected to political speech and the statute imposes both content- and speaker-based ...

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Maryland and DC lack standing to sue president in emoluments suit (access required)

President Trump will no longer face a suit brought by Maryland and the District of Columbia over his alleged violation of the Emoluments clause after the court granted the president’s petition for writ of mandamus and concluded the plaintiffs lacked ...

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Emoluments suit against Trump is dismissed (access required)

After holding it had jurisdiction to entertain President Trump’s appeal from the district court’s decision “effectively” denying his immunity motion to dismiss, the court never reached the immunity question and, instead, held that Maryland and the District of Columbia lacked ...

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Gag clause in settlement agreement violates First Amendment (access required)

Parties who entered into settlement agreements with the city of Baltimore arising out of alleged police misconduct will no longer be bound by a gag clause routinely included in those agreements after the court held the clause was unenforceable and ...

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