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Tag: Constitutional Law

CONSTITUTIONAL LAW-SECOND AMENDMENT-GUNS-MINORS

Lara v. Comm’r Pa. State Police, 2024 U.S. App. LEXIS 1159 (3d Cir. January 18, 2024) (Jordan, C.J.) Through the combined operation of three statutes, the Commonwealth of Pennsylvania effectively bans 18-to-20-year-olds from carrying firearms outside their homes during a state of emergency. Madison Lara, Sophia Knepley, and Logan Miller, who were in that age […]

CONSTITUTIONAL LAW-COMMERCE CLAUSE-DORMANT COMMERCE CLAUSE-PHILADELPHIA CITY TAX

Zilka v. Tax Rev. Bd., 2023 Pa. LEXIS 1584, 2023 WL 8102749 (S. Ct. November 22, 2023) (Todd, C.J.) In this appeal by allowance, we consider whether the City of Philadelphia (the “City” or “Philadelphia”) unconstitutionally discriminated against interstate commerce by subjecting a Philadelphia resident who worked exclusively out of state to its wage tax […]

CONSTITUTIONAL LAW-ELECTIONS CLAUSE-STATE COURTS INVALIDATING CONGRESSIONAL REDISTRICTING

Moore v. Harper, 2023 U.S. LEXIS 2787 (S. Ct. June 27, 2023) (Roberts, J.) Several groups of plaintiffs challenged North Carolina’s congressional districting map as an impermissible partisan gerrymander. The plaintiffs brought claims under North Carolina’s Constitution, which provides that “[a]ll elections shall be free.” Art. I, §10. Relying on that provision, as well as […]

CONSTITUTIONAL LAW-FIRST AMENDMENT-SPEECH-IMMIGRATION VIOLATION-OVERBREADTH

United States v. Hansen, 2023 U.S. LEXIS 2638 (S. Ct. June 23, 2023) (Barrett, J.) A federal law prohibits “encourag[ing] or induc[ing]” illegal immigration. 8 U. S. C. §1324(a)(1)(A)(iv). After concluding that this statute criminalizes immigration advocacy and other protected speech, the Ninth Circuit held it unconstitutionally overbroad under the First Amendment. That was error. […]