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Constitutional Law Elections & Politics

Read Constitutional Law updates, alerts, news, and analysis from leading lawyers and law firms:

On My Bookshelf: Sisters, the Lives of America's Suffragists

by Baker Donelson on

Against the backdrop of the 2016 presidential election that pitted Hillary Clinton against Donald Trump, it was fascinating for our BakerReads group to spend some time with a book tracing the personal histories of five of the...more

Client Alert: Effects of Florida’s New Medical Marijuana Framework on Patients, Physicians, and Entrepreneurs

During a special legislative session ending June 2, 2017, the Florida legislature passed Senate Bill 8-A (“SB 8-A”), authored by Senator Bradley, amending Florida's medical marijuana laws to reflect the 2016 passage of...more

Supreme Court 2016-17 Recap

The politics surrounding the appointment of a new justice to the U.S. Supreme Court dominated the news cycle during the 2016-17 term, but the Court’s decisions themselves have been far from controversial. As the term draws to...more

Social Links: Instagram’s new tool to denote paid posts; the world’s 1st autonomous-vehicle public transportation system for the...

Instagram is now allowing a limited number of users to identify branded content with a “paid partnership” subhead instead of using hashtags like #ad and #sponsored to identify sponsored posts. The platform says it plans to...more

Tobacco companies sue state for cigarette fee

by GableGotwals on

The tobacco fee’s critics warned that the state might get sued because of the measure, and they were right. Tobacco companies filed a lawsuit Wednesday to argue the measure is unconstitutional. Tobacco giant Phillip Morris...more

State Attorneys General Warn the EPA of Legal Action Should Obama-Era Fuel Economy Standards Get Rolled Back

by Foley & Lardner LLP on

Even as the Trump administration is calling into question whether it will remain committed to Obama-era fuel economy and emissions targets, state governments are stepping up to enforce those same targets....more

Legislators Finally Pass a Bill to Implement Florida's Medical Marijuana Constitutional Amendment

by Rumberger Kirk & Caldwell on

On the last day of the Special Session, the Florida Legislature passed a seventy eight-page bill titled an Act relating to medical use of marijuana. While many questions are still left unanswered, there are some takeaways for...more

NC Legislative Update: June 2017 #2

by Nexsen Pruet, PLLC on

This Week - On June 5, 2017, the U.S. Supreme Court upheld a lower court opinion that 28 NCGA legislative House and Senate districts relied too heavily on race, and remanded the matter to the lower court. Although the...more

Different Path, Same Result: 9th Circuit Becomes Latest Appeals Court To Reject Trump’s Travel Ban

by Fisher Phillips on

Several weeks ago, the 4th Circuit Court of Appeals upheld an injunction that blocks President Trump’s second executive order attempting to institute a travel ban against those arriving from several specific Muslim countries...more

Florida Preserves Employer Protections in Medical Marijuana Bill

Voters in the November 8, 2016, general election in the state of Florida approved the Florida Medical Marijuana Legalization Initiative. The initiative required a supermajority vote to pass, with at least 60 percent of voters...more

9th Circuit Upholds Block on Trump’s Revised Travel Ban

by Cozen O'Connor on

On June 12, 2017, a unanimous three judge panel on the Ninth Circuit upheld a nationwide preliminary injunction on President Trump’s revised travel ban, in addition to blocking directives within the executive order suspending...more

Supreme Court Case Concerning President Trump’s Travel and Refugee Bans – Key Documents

by Hogan Lovells on

This page is intended to serve as a collection of documents related to State of Hawaii et al v. Trump as the case heads to the U.S. Supreme Court. Stay Application: Government’s application for a stay of the Hawaii district...more

NC Legislative Update: June 2017

by Nexsen Pruet, PLLC on

This Week - Lawmakers returned to Raleigh Monday morning with the intention of beginning the budget reconciliation effort through the Conference Committee process. However, the U.S. Supreme Court temporarily altered that...more

PACs, Campaigns and Dark Money: What is the Law?

by Stinson Leonard Street on

In 2016, Missouri voters enshrined new campaign finance laws in the state constitution. The Missouri Ethics Commission issued several interpreting opinions and a federal court has enjoined parts of the law as...more

Interpreting the renewed Rohrabacher-Farr Amendment: A loophole for enforcement?

by Thompson Coburn LLP on

In 2013, the U.S. federal government shut down while federal legislators debated about various political issues of the year. However, during that debate, an amendment was added to the final spending bill that stated as...more

Health Care Reform Weekly Roundup – Issue 3

Below are key health care reform developments from the week of May 22nd. CBO/JCT Estimate for AHCA Released. The Congressional Budget Office (CBO) and Joint Committee on Taxation (JCT) released an updated cost estimate...more

Of Free Speech and Thick Skin

by Jackson Walker on

It was a memorable 42nd season for Saturday Night Live, bookended by oddly compelling versions of “Hallelujah” by Kate McKinnon’s Hillary Clinton and Alec Baldwin’s Donald Trump. It has not been such a good season for the...more

Fourth Circuit Rules Second Immigration Ban Likely Violates Establishment Clause

The United States Court of Appeals for the Fourth Circuit in a 10-3 decision has affirmed a lower court’s granting of a preliminary injunction against one provision of President Trump’s second immigration ban on the ground...more

Is New Jersey’s Regulated-Industry Ban on Political Contributions Ripe for Challenge?

by Genova Burns LLC on

Since 1911, New Jersey law has prohibited the making of political contributions by such highly regulated industries as banks, utilities, and insurance companies. The reasoning underlying this prohibition was clarified by a...more

Arizona Supreme Court Clarifies Due Process Rights in Administrative Hearings

by Ballard Spahr LLP on

The due process clause of the 14th Amendment to the U.S. Constitution does not allow "the same person to serve as an accuser, advocate, and final decisionmaker in agency adjudication," the Arizona Supreme Court has ruled in...more

Saskatchewan will use notwithstanding clause to protect school choice for parents and students - Decision being appealed

by Dentons on

Both defendants have appealed the ruling of the Saskatchewan Court of Queen’s Bench, which held that government funding of non-Catholics in Catholic schools is unconstitutional. The trial judge ruled that the Saskatchewan...more

The Battle Over the CFPB Continues

The battle over the future of the Consumer Financial Protection Bureau (CFPB) rages on, with Republicans trying a host of measures to challenge and contain the agency....more

Trending Wonkology: What is 'Special Counsel'?

by Thompson Coburn LLP on

Special Counsel - Definition: A person appointed by the U.S. Attorney General, or their designee, in cases where an internal investigation may present a conflict of interest or when it may be in the public interest....more

TPS Extended for Haitians and Court of Appeals Upholds the Block of Second Travel Ban

On May 24th, DHS Secretary John F. Kelly extended Temporary Protected Status (TPS) through January 22, 2018 for eligible nationals of Haiti and individuals without nationality who last habitually resided in Haiti. The...more

Federal Appeals Court Rejects Trump’s Second Travel Ban - Decision Sets Up Inevitable Date At Supreme Court

by Fisher Phillips on

In a 10-3 decision, the 4th Circuit Court of Appeals yesterday upheld the nationwide injunction that had blocked President Trump’s second executive order banning certain travel into the country from taking effect. The Court...more

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