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

Florida Appeals Court Decisions Week of May 4 - 8, 2026

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Fulton v. Fulton Cnty - en banc, vacating this prior opinion, Takings Clause, remedies - Alvarez v. Fed Detention Ctr - immigration, aliens, bond - Great Bowery v....more

Holtzman Vogel Baran Torchinsky & Josefiak

Virginia Supreme Court Strikes Down Redistricting Amendment

On May 8, 2026, the Supreme Court of Virginia issued its opinion in Scott v. McDougle, invalidating a proposed constitutional amendment that would have authorized the General Assembly to gerrymander the Commonwealth’s...more

Hicks Johnson

A Reminder from the Fifteenth Court: Mandamus Requires More Than a Big Issue

Hicks Johnson on

In In re Novartis Pharmaceuticals Corp., No. 15-25-00207-CV (Tex. App.—15th Apr. 30, 2026), a divided Fifteenth Court of Appeals reminded litigants that the adequacy-of-appeal analysis is often more important than the merits...more

FBT Gibbons LLP

Care to Predict What Happens? Kentucky’s New Prediction Markets Tax

FBT Gibbons LLP on

In the recently concluded 2026 Regular Session of Kentucky’s General Assembly, there was significant activity concerning prediction markets like Kalshi and Polymarket, all with potential serious economic impact....more

Freeman Mathis & Gary

Majority-Minority districts may be in jeopardy after Supreme Court’s decision in Louisiana v. Callais

Freeman Mathis & Gary on

The Supreme Court issued last week its long-anticipated redistricting decision in Louisiana v. Callais, — S. Ct. —, 2026 WL 1153054 (April 29, 2026). The Court did not strike down Section 2 of the Voting Rights Act (“VRA”) as...more

Nelson Mullins Riley & Scarborough LLP

Jarkesy Challenges Reach State Administrative Proceedings, but Seventh Amendment Still Stops at Federal Line

The post-Jarkesy litigation landscape is developing as anticipated. Litigants are increasingly invoking the Supreme Court’s decision in SEC v. Jarkesy (No. 22-859) to challenge the constitutionality of state administrative...more

DLA Piper

Supreme Court rules for First Choice in landmark donor privacy decision: Key takeaways

DLA Piper on

On April 29, 2026, the United States Supreme Court issued a unanimous decision in First Choice Women’s Resource Centers, Inc. v. Davenport, holding that a faith-based nonprofit organization has Article III standing to...more

Fisher Phillips

The Free Speech Myth: How Employers Can Navigate 5 High-Risk Scenarios for Defamation Claims in the Workplace

Fisher Phillips on

The concept of “free speech” is often misunderstood in the workplace. While many assume broad protections apply, the First Amendment offers limited coverage in private employment settings. At the same time, routine...more

Maynard Nexsen

Examining Changes to North Carolina Property Tax Law: Levy Limits and the Affordable Housing Exemption

Maynard Nexsen on

State and local governments continue to face increasing pressure to balance rising property values, taxpayer concerns, and housing affordability. In North Carolina, recent legislative proposals reflect an effort to address...more

Benesch

Prediction Markets And Public Power: Senate Restricts Trading, But Constitutional Questions Linger

Benesch on

Confronted with public controversy surrounding insider trading in prediction markets, the United States Senate has taken action both symbolically powerful and substantively modest: it has prohibited its own members, officers...more

Perkins Coie

Old Doctrines, New Terrain: the Fourth Amendment, the Stored Communications Act, and Law Enforcement Demands for AI Chat Logs —...

Perkins Coie on

Companies offering generative AI chat technologies to consumers should consider what protections apply under the Fourth Amendment of the U.S. Constitution and the federal Stored Communications Act (SCA) and how they should...more

McDermott Will & Schulte

Expert rule: There are reviewable non-final agency actions

In a decision addressing the scope of constitutional challenges to agency action, the US Court of Appeals for the District of Columbia Circuit affirmed a district court’s injunction barring an investigation by the US...more

Cooley LLP

Executive Order Targets Federal Contractors’ ‘Racially Discriminatory DEI Activities’

Cooley LLP on

On March 26, 2026, President Donald Trump issued Executive Order No. 14398 (EO) targeting DEI activities by federal contractors and subcontractors....more

Bradley Arant Boult Cummings LLP

The Interstate Commerce and the Dormant Commerce Clause in Light of Rescheduling

On April 22, 2026, Acting Attorney General Todd Blanche issued a final order immediately placing both FDA-approved marijuana products and state-regulated medical marijuana products in Schedule III of the Controlled Substances...more

A&O Shearman

Climate policy: Germany’s highest civil court clarifies the boundaries between legislative discretion and judicial intervention

A&O Shearman on

BGH rejects claims for early combustion engine phase-out and clarifies the limits of judicial intervention, legislative discretion and corporate responsibility. On 23 March 2026, the German Federal Court of Justice...more

Mitchell, Williams, Selig, Gates & Woodyard,...

RCRA/Sovereign Immunity: Federal Appellate Court Addresses Injunctive Relief Claim Against California Agency Officials

The United States Court of Appeals, 9th Circuit (“Appellate Court”) addressed in an April 27th Opinion an issue arising out of a Resource Conservation and Recovery Act (“RCRA”) related lawsuit against two California agency...more

Holtzman Vogel Baran Torchinsky & Josefiak

Understanding Candidate Residency Challenges in New York State: What Smart Candidates, Party Leaders, and Political Operatives...

An Albany County Supreme Court Justice recently rejected a challenge to a Congressional candidate’s designating petitions based on the argument that the candidate did not in fact reside at the residence set forth on his...more

Best Best & Krieger LLP

U.S. Supreme Court Reshapes Voting Rights Act Landscape in Louisiana v. Callais

On April 29, 2026, the U.S. Supreme Court ruled that using race in drawing Congressional districts is prohibited, significantly revising the previous understanding of federal law. The Court held that Section 2 of the Federal...more

Vinson & Elkins LLP

Governance & Sustainability Roundup – May 5, 2026

Vinson & Elkins LLP on

Welcome to our Governance & Sustainability Roundup — Our regular briefing that gives a quick overview on what has recently happened in the world of governance and sustainability that may be of interest to your company, your...more

Ropes & Gray LLP

Supreme Court Reinforces Donor Privacy Protections, Permitting Immediate Federal Court Challenge to State Subpoenas

Ropes & Gray LLP on

On April 29, 2026, the United States Supreme Court issued a unanimous opinion in First Choice Women’s Resource Centers, Inc. v. Davenport, where it held that a nonprofit suffered an injury to its First Amendment right of...more

Hogan Lovells

Constitutional Court rules on the legitimacy of the contribution due by companies to the Italian Competition Authority

Hogan Lovells on

The Italian Constitutional Court has recently delivered a ruling confirming the legitimacy of the regime on the contribution due to the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato - “AGCM”)...more

Dentons

Medical Ethics, Free Speech, and Other Employment Issues Under Iowa House File 571

Dentons on

Iowa House File 571, which is likely to be signed by the governor, amends Iowa Code Chapter 135S to enact the “Medical Ethics Defense Act.” This law is intended to protect the ethical, moral, or religious beliefs/principles...more

Poyner Spruill LLP

Fourth Circuit Extends Reasonable Suspicion Standard to School Searches of Students’ Cell Phones

Poyner Spruill LLP on

On April 9, 2026, the U.S. Court of Appeals for the Fourth Circuit issued its opinion in O.W. v. Carr, No. 24-1288, bringing clarity to an issue increasingly confronting school administrators in the digital age: what legal...more

Holland & Knight LLP

Religious Institutions Update: May 2026

Holland & Knight LLP on

Christian Ministry May Decline to Hire Non-Ministerial Employees Who Do Not Share Its Religious Beliefs In Union Gospel Mission of Yakima Wash. v. Brown, 162 F. 4th 1190 (9th Cir. 2026), the court of appeals considered a...more

Shook, Hardy & Bacon L.L.P.

Supreme Court Hears Arguments on Potential Limits on SEC’s Use of Disgorgement

Last week the Supreme Court held oral arguments in Sripetch v. SEC, a case that presented the question of whether the U.S. Securities and Exchange Commission (SEC) may seek equitable disgorgement without a showing that...more

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