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Constitutional Challenges › Fourteenth Amendment › State and Local Government

Holtzman Vogel Baran Torchinsky & Josefiak

Second Department Reverses Trial Court and Holds State Voting Rights Act to Be Constitutional

Holtzman Vogel Baran Torchinsky & Josefiak on

On January 30, 2025, the Appellate Division Second Department handed down a decision regarding the constitutionality of the New York State Voting Rights Act. The case, Clarke v. Town of Newburgh, concerned a challenge under...more

Jackson Lewis P.C.

Seattle Federal Judge Enjoins Enforcement of EO Banning Birthright Citizenship

Jackson Lewis P.C. on

On Jan. 23, 2025, in a suit filed in the U.S. District Court in Seattle by the attorneys-general of Washington State, Arizona, Illinois, and Oregon to overturn President Donald Trump’s executive order (EO) banning birthright...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Judge Halts Trump’s Birthright Citizenship Order

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On Thursday, January 23, 2025, a federal judge in Seattle, Washington blocked enforcement of President Donald Trump’s recent executive order limiting birthright citizenship after four states (Washington, Illinois, Arizona,...more

DarrowEverett LLP

Land Use Challenges Showcase What’s There for the ‘Taking’

DarrowEverett LLP on

The Fifth Amendment of the U.S. Constitution provides that “No person shall be… deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just...more

Bradley Arant Boult Cummings LLP

Is the Access to Medical Marijuana a Fundamental Right?

Bradley Arant Boult Cummings LLP on

We write blog posts about cannabis, but most of the time the posts are about things that are happening in the cannabis world. This post is about whether something should happen in the cannabis world. Specifically, should...more

Keating Muething & Klekamp PLL

Ohio Supreme Court Strikes Down Billboard Tax as Unconstitutional

Keating Muething & Klekamp PLL on

The Ohio Supreme Court recently struck down a billboard tax as unconstitutional in Lamar Advantage GP Co., LLC v. Cincinnati, Slip Opinion No. 2021-Ohio-3155.  The case evaluated an excise tax placed on the installing,...more

Sheppard Mullin Richter & Hampton LLP

Maryland Breaks Ground with Digital Advertising Tax

Sheppard Mullin Richter & Hampton LLP on

Overriding the governor’s veto of H.B. 732 (2020), the Maryland Senate on February 12, 2021 passed the nation’s first state tax on the digital advertising revenues pulled in by large companies. This development follows...more

Littler

Pennsylvania Federal Judge Finds Governor Wolf’s Pandemic Restrictions Unconstitutional

Littler on

Pennsylvania’s gathering limitations, business shutdown and stay-at-home orders violate the United States Constitution, according to a federal judge in the Western District of Pennsylvania, who enjoined enforcement of those...more

Carlton Fields

Who Me? Couldn’t Be: Eleventh Circuit Finds Plaintiffs Lack Standing to Sue Ala. Attorney General in Equal Protection Lawsuit

Carlton Fields on

Plaintiffs often select a state’s Attorney General, the official who ordinarily exercises power to enforce state laws, as the defendant to sue in cases involving a constitutional challenge to a state law....more

Woods Rogers

Statutes, Statues, And Municipal Constitutional Rights (Part 2)

Woods Rogers on

We previously discussed the suit in the EDVA brought by the City of Norfolk against the Commonwealth of Virginia to try and remove the civil war monument in downtown Norfolk.  Service has been waived, and we can now expect...more

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