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Tag Archives: Constitutional

Travel ban’s third iteration likely unconstitutional

The appellate court affirmed a nationwide preliminary injunction on the Trump administration’s travel ban, which the district court held was a likely violation of the First Amendment’s guarantee of religious freedoms. Background Seven days after taking office, President Donald Trump ...

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Eminent domain possession requires proper valuation

The court held that Mountain Valley Pipeline had the right to condemn affected easements, but could not possess them before determining fair value. On October 13, 2017, the Federal Energy Regulatory Commission issued a Certificate Order authorizing Plaintiff Mountain Valley ...

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Incumbent Protection Act struck down

Virginia’s Incumbent Protection Act’s burden on political parties’ associational rights is facially unconstitutional, the district court held. As a default rule, Virginia allows political parties to select their preferred nomination methods. However, Virginia’s Incumbent Protection Act, at Code § 24.2-509(B), ...

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Burden on Inmate’s Religious Rights Not Justified

The government was not entitled to summary judgment against an inmate who claimed that his religious freedom was violated, the appellate court held. Appellant Aaron Carter, a Virginia prisoner, follows dietary restrictions in accordance with his religion (Nation of Islam). ...

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Abortion Disclaimer Ordinance Violates First Amendment

The district court was correct to strike down a Baltimore ordinance requiring pregnancy centers that do not offer or refer for abortions to disclose that fact via waiting-room signage, the circuit court said. The Greater Baltimore Center for Pregnancy Concerns ...

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Va. Cir. Ct.: Nonparent Seeking Custody Must Show Harm to Child if Not Granted

R.H., a 9-year-old girl, had lived her entire life with her mother and maternal grandmother, in her grandmother’s spacious home. R.H. was in good health and well-adjusted, with no developmental delays. R.H.’s father, who currently lives in a one-bedroom home ...

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