Dep’t of Educ. v. Brown, 2023 U.S. LEXIS 2792 (S. Ct. June 30, 2023) (Alito, J.) In August 2022, the Secretary of Education announced a large-scale student-loan forgiveness program. He pledged to discharge hundreds of billions of dollars in student-loan debt owed by millions of borrowers. According to the Secretary, the discharge was necessary to […]
Tag: Constitutional Law
CONSTITUTIONAL LAW-FIRST AMENDMENT-SPEECH-WEBSITE SERVICES FOR GAY COUPLES
303 Creative LLC v. Elenis, 2023 U.S. LEXIS 2794 (S. Ct. June 30, 2023) (Gorsuch, J.) Like many States, Colorado has a law forbidding businesses from engaging in discrimination when they sell goods and services to the public. Laws along these lines have done much to secure the civil rights of all Americans. But in […]
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. […]
CONSTITUTIONAL LAW-FIRST AMENDMENT-SPEECH-RETALIATION-POLICE DISPARAGING OF COMMUNITIES THEY PROTECT
Fenico v. City of Philadelphia, 2023 U.S. App. LEXIS 14305 (3d Cir. June 8, 2023) (Restrepo, C.J.). The Constitutional guarantee of free expression is a pillar of our democracy, and yet, it can be a bitter medicine—particularly when prescribed in defense of social media’s more antisocial viewpoints. In 2019, the City of Philadelphia took disciplinary […]
CONSTITUTIONAL LAW-FIFTH AMENDMENT-EMINENT DOMAIN-JUST COMPENSATION-SALE FOR TAX BILL
Tyler v. Hennepin Cnty., 2023 U.S. LEXIS 2201 (S. Ct. May 25, 2023) (Roberts, C.J.) Hennepin County, Minnesota, sold Geraldine Tyler’s home for $40,000 to satisfy a $15,000 tax bill. Instead of returning the remaining $25,000, the County kept it for itself. The question presented is whether this constituted a taking of property without just […]
CONSTITUTIONAL LAW-COMMERCE CLAUSE-DORMANT COMMERCE CLAUSE-RESTRICTIONS ON IMPORT OF PORK
Nat’l Pork Producers Council v. Ross, 2023 U.S. LEXIS 1892 (S. Ct. May 11, 2023) (Gorsuch, J.). Justice Gorsuch announced the judgment of the Court and delivered the opinion of the Court, except as to Parts IV-B, IV-C, and IV-D. What goods belong in our stores? Usually, consumer demand and local laws supply some of […]
CONSTITUTIONAL LAW-ELEVENTH AMENDMENT-SOVEREIGN IMMUNITY-FINANCIAL OVERSIGHT BOARD
Fin. Oversight & Mgmt. Bd. for P.R. v. Centro de Periodismo Investigativo, Inc., 2023 U.S. LEXIS 1890 (S. Ct. May 11, 2023) (Kagan, J.). A recently enacted federal statute establishes a financial oversight board within the Commonwealth of Puerto Rico’s government. The question presented is whether the statute categorically abrogates any sovereign immunity the board […]
CONSTITUTIONAL LAW-FIFTH AMENDMENT-EMINENT DOMAIN
Merritts v. Richards, 2023 U.S. App. LEXIS 6267 (3d Cir. March 16, 2023) (Phipps, C.J.) This case involved a lawsuit against the Pennsylvania Department of Transportation and the Commonwealth of Pennsylvania with respect to PennDOT’s lacking title to possession of easements. Merritts’s legal injuries related to the acquisition of the easements. The court is satisfied […]
CONSTITUTIONAL LAW-THIRTEENTH AMENDMENT-SLAVERY, SERVITUDE
Burrell v. Staff, 60 F.4th 25 (3d Cir. February 8, 2023) (Nygaard, C.J.) Plaintiff child support debtor-civil contemnors brought several claims against Lackawanna County, the County’s Solid Waste Management Authority, Lackawanna County Recycling Center, Inc. (the private corporation to which the Authority outsources the operation of its Recycling Center, or the “Corporation”) and the Corporation’s […]
CONSTITUTIONAL LAW-FIFTH AMENDMENT-TAKINGS CLAUSE-POLICE SEIZURE OF LAWFULLY OWNED GUNS
Frein v. Pa. State Police, 2022 U.S. App. LEXIS 24414 (3rd Cir. August 30, 2022) (Bibas, C.J.) Police may seize potential evidence using a warrant. They may not keep it forever. They did that in this case. After a man assassinated a Pennsylvania state trooper and injured another, the trooper seized his parents’ guns. The […]
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