Please ensure Javascript is enabled for purposes of website accessibility
Home (page 6)

Tag Archives: Constitutional

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. ...

Read More »

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. ...

Read More »

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 ...

Read More »

Adults under 21 not subject to gun background check (access required)

A Virginia statute requiring background checks for private firearms sales is facially valid but unconstitutional as applied to adults under 21 years old. The current background check system automatically rejects handgun purchases by those less than 21 years old. Overview ...

Read More »

Election signature requirements modified due to Covid-19 (access required)

Difficulties in obtaining signatures because of Covid-19, including bans on large public gatherings, resulted in the court’s modifying the signature requirements for candidates running for Congress and the presidency. Background In Virginia, independent and minor party candidates seeking national office ...

Read More »

No injunction against face mask executive order (access required)

Where plaintiffs challenge an executive order requiring the use of a face mask in certain settings, injunctive relief is denied because plaintiffs are “not likely to succeed on the merits of their claim.” Background Plaintiffs are a winery and, Strother, ...

Read More »

No injunction against crowd control measures (access required)

Where police used crowd control weapons and equipment to disperse demonstrators who were protesting police brutality, this did not violate plaintiffs’ rights to freedom of speech and assembly. The court declines to issue a declaratory judgment that the police unlawfully ...

Read More »