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Tag Archives: Constitutional

$2 million in fees and costs awarded in court access case (access required)

Courthouse News Service prevailed in its suit alleging a lack of timely access to court records and was awarded nearly $2 million in attorneys’ fees and costs. Although the defendants argued the rates charged by Bryan Cave Leighton & Pasiner’s ...

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School board violated transgender student’s rights (access required)

The Gloucester County School Board’s policy requiring students to use bathrooms matching their “biological gender,” and its refusal to amend a student’s records to reflect his gender identity after his transition, were not substantially related to important governmental interests and ...

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Portions of Anti-Riot Act held unconstitutional (access required)

Although sections of the anti-riot act failed to bear the requisite relation between speech and lawlessness, the convictions of two defendants for violent participation in three white supremacist rallies were affirmed because their conduct fell under the statute’s surviving provisions. ...

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Fees reduced for overstaffing and ‘reinventing the wheel’ (access required)

Although the prisoners’ rights organization that prevailed in a First Amendment suit against a jail authority and its superintendent was awarded reasonable attorneys’ fees and expenses, payments were limited to four attorneys rather than 10, and the hours of the ...

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Settlement over election signature requirement approved (access required)

Where the League of Women Voters of Virginia and the Virginia State Board of Elections reached a settlement enjoining the witness signature requirement for absentee ballots for elections on Nov. 3, 2020, the agreement was fair and reasonable, and was ...

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Nationwide injunction over new DHS rule was error (access required)

Where the Department of Homeland Security’s new definition of “public charge” in the Immigration and Nationality Act, or INA, was permissible, a nonprofit’s challenge to the definition failed because it could not show a likelihood of success on its claim. ...

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Plaintiff lacks standing to challenge removal of Lee statue (access required)

Even if the court issued a decision preventing the delisting of a statue of Robert E. Lee from The National Historic Preservation Act of 1966, that would not prevent the governor from having the statue physically removed from Monument Avenue. ...

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Legislative moratorium on uranium mining upheld (access required)

Where plaintiffs claim that the General Assembly’s temporary moratorium on uranium mining results in an unconstitutional taking of their property rights, the statute is upheld under a strict scrutiny analysis. Although a taking has occurred, the commonwealth has demonstrated a ...

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