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Tag Archives: Constitutional

No First Amendment violation for limiting record access (access required)

Where one Virginia statute denies non-Virginia-barred attorneys remote access to records otherwise available at the courthouse, and another statute prevents individuals who have remote access from selling, posting or redistributing data obtained from these records to third parties, the statutes ...

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Challenge to election system mooted by change in law (access required)

Where two Virginia Beach residents challenged the system used to elect members of the City Council, but the General Assembly changed the system before the trial court issued its decision, that mooted the suit. Background Two Virginia Beach residents sued, ...

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Board of Elections chair dismisses suit by candidate (access required)

Where the Virginia Republican Committee chairman concluded that a candidate for office had insufficient signatures on her voter forms, her subsequent suit against the Board of Elections chair was dismissed. The Republican party is a private organization, and no Virginia ...

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Equal Protection attack on school COVID policy fails (access required)

Where parents argued that a Fairfax school policy violated the Equal Protection Clause by treating their unvaccinated children differently from their vaccinated classmates, but the defendants relied on public health experts like the CDC in developing their quarantine policy, the ...

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No immunity for solitary confinement practices (access required)

Where detainees at supermax facilities alleged that solitary confinement violated their Eighth Amendment right to be free from cruel and unusual punishment and their 14th Amendment right to receive sufficient process, prison officials were properly denied qualified immunity at the ...

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Unreasonable restraint: Political ad ban doesn’t pass constitutional muster (access required)

Bus with no advertisements on the side

A public transit system had a legitimate interest in avoiding some politically charged advertisements, but its lack of a formal definition of “political” or written guidelines clarifying how its prohibition on political ads was to be applied doomed its policy ...

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