Constitutional Law › Civil Rights › Election & Politics Law

NJ Court Upholds OPRA Denial Over Personnel Records

NJ Court Upholds OPRA Denial Over Personnel Records by Sheri Siegelbaum on May 13, 2013 The Appellate Division recently sided with the Office of the Governor in a dispute over records requested under the New Jersey Open...more

U.S. Supreme Court Issues Key Public Records Decision

U.S. Supreme Court Issues Key Public Records Decision by Sheri Siegelbaum on May 7, 2013 The U.S. Supreme Court recently took a rare foray into state public records access. In McBurney v. Young, the justices unanimously...more

Disabled Americans for Firearms Rights, LLC et al v. Dannel P. Malloy, Governor

Complaint for Declaratory Judgment and Injunctive Relief

Scott Ennis of New London, CT and his group Disabled Americans for Firearms Rights, have filed the first legal challenge against CT's newly enacted gun law. This action for declaratory judgment and injunctive relief asks...more

Supreme Court To Hear Case On Michigan Affirmative Action Ban

The Supreme Court has agreed to hear another major affirmative action case, Schuette v. Coalition to Defend Affirmative Action, No. 12-682. At issue is the legality of Michigan's voter-approved ban of using racial preferences...more

Illinois Inches Closer to Legalizing Same-Sex Marriage

While a bill legalizing gay marriage awaits enough support in the Illinois House of Representatives, the Cook County clerk is not defending against a lawsuit brought against the county by gay couples who say its refusal to...more

Supreme Court Doubles Up On Affirmative Action Cases

The U.S. Supreme Court has decided to hear a second higher education affirmative action case this term, even while a decision on the first is expected to be released imminently....more

Viewer's Guide to Gay Marriage Oral Arguments  [Video]

Mar. 22 (Bloomberg Law) -- Tom Goldstein, partner at Goldstein & Russell, PC and founder of SCOTUSblog, talks with Bloomberg Law's Lee Pacchia about the two gay marriage cases being argued before the Supreme Court next week....more

NY Statewide Coalition of Hispanic Chambers of Commerce, et. al. v. NYC Dept. of Health

Analysis: NYC "Nanny State" Soda Ban Enjoined

Even the best laid plans of "nanny state" policy must pass constitutional muster. Hon. Milton Tingling enjoined New York City from instituting the now-famous sugar sweetened beverage ban that Mayor Bloomberg has touted...more

Shelby County v. Holder

Brief of Amicus Curiae Cato Institute In Support of Petitioner

It is long past time to declare victory over Jim Crow and move on to a healthier stage of race relations, particularly with respect to how the American people elect their government representatives. This term the Supreme...more

Commento a dichiarazioni di Mario Monti sul finanziamento del SSN

Commento di Fabio pammolli e Nicola C. salerno a dichiarazioni di Mario Monti sul finanziamento del SSN...more

Sixth Circuit Strikes Down Michigan Affirmative Action Ban

The 6th Circuit Court of Appeals has overturned a Michigan law that banned preferential treatment based on race, sex or national origin in public employment, public education or public contracting. The ruling defeats the 2006...more

Affirmative Action Ban Overturned

In an important decision for Michigan's public universities and proponents of affirmative action, the full Sixth Circuit Court of Appeals has struck down Michigan's "Proposal 2." Proposal 2 was enacted by voters in 2006 as...more

Results of State Voter Referendums on Same-Sex Marriage: Implications for Employee Benefit Plans

Voters in Maine, Maryland and Washington approved the legalization of same-sex marriage in their states. In addition, voters in Minnesota rejected a state constitutional amendment to define marriage as an opposite-sex union....more

Talking Politics at Work Can Get You Fired

Political disagreements can arise in the workplace at any time, but especially during an election season. Some of these can be heated. In the interest of maintaining order, many private employers restrict political speech in...more

Upcoming State Voter Referendums on Same-Sex Marriage

Voter referendums on same-sex marriage will be on the November ballots in four states: Maryland, Washington, Maine and Minnesota. The outcome of these referendums may complicate the options and obligations of employers in...more

Supreme Court To Decide on Proof of Citizenship for Voting

The Supreme Court today said that it would hear arguments over whether states can require proof of citizenship from residents when they register to vote. However, the hearings and ruling will probably not come until next year...more

Voter Suppression Laws Put Election Outcome in Jeopardy

In the run-up to the November elections, voter ID laws that have been enacted in states across the country are facing court challenges. Some will be upheld, some will not....more

Texas Voter ID Law Struck Down, Heads to Supreme Court

Texas state officials continue to insist that the state’s controversial voter ID law is valid, despite a federal appeals court ruling on Aug 30 that the law is “retrogressive,” meaning it reduces the voting strength of...more

Protect Our Jobs v. Board of State Canvassers

Michigan Supreme Court Issues Emergency Order to Hold Oral Arguments Tomorrow On Several Lawsuits Involving Efforts to Place...

In a rare move, especially in August, the Michigan Supreme Court issued several orders (one of which relates to this case) today granting oral arguments for tomorrow at 2:00 p.m. on applications challenging Court of Appeals...more

Nix v. Holder and Shelby County v. Holder

Brief of Amicus Curiae Cato Institute In Support of Petitioners in Both Cases

These two cases involve similar challenges to the Voting Rights Act of 1965, specifically the requirement under Section 5 that certain jurisdictions (as determined by a 35-year-old formula in Section 4(b)) receive approval...more

The State of Section 5 of the Voting Rights Act

An overview of the current litigation surrounding the Voting Rights Act of 1965-particularly section 5 of the act. Under that provision, certain states and localities with a history of anti-minority election practices must...more

Legal links of interest for the week ending July 28

Attorney Steven Getman reports on a number of stories about the law and lawyers in the news this week: • Addressing threats to an independent judiciary • How colleges suppress free speech • Federal...more

New Texas Law Would Prevent Millions from Voting

In an epic showdown that dates back to the 1960s civil rights era, Texas was in court the week of July 9 to defend its new voter identification law that the Department of Justice says does not pass muster under the Voting...more

Free But No Liberty: How Florida Contravenes the Voting Rights Act with Disenfranchisement of Felons

The United States has a long history of denying minorities their right to vote―of practicing racially-motivated disenfranchisement. In early 2011, Florida Governor Rick Scott continued this tradition by issuing an...more

SCOTUS Stands By Citizens United Decision In Montana Campaign Finance Case [Video]

June 28 (Bloomberg Law) -- Adam Skaggs, senior counsel at the Brennan Center for Justice at New York University School of Law, talks with Bloomberg Law's Lee Pacchia about the US Supreme Court's ruling in American Tradition...more