Tag

Constitutional Law

All articles tagged with #constitutional law

politics3 days ago

Judge strikes down federal noncitizen voting law, threatening DOJ's enforcement push

A federal judge in Florida has ruled that the decades-old federal statute criminalizing noncitizen voting is unconstitutional, dealing a significant blow to the Trump administration's aggressive enforcement campaign ahead of the 2026 midterm elections. The ruling, which dismisses a case against a Jamaican national, asserts that voter qualifications are a power reserved to the states, not Congress. While the decision applies only to the specific defendant, it puts dozens of pending federal cases at risk and has prompted the Justice Department to appeal to the 11th Circuit Court. The outcome could ultimately reach the Supreme Court, challenging the legal foundation of the administration's election integrity agenda.

Federal Judge Strikes Down Noncitizen Voting Law, Halting DOJ Enforcement
politics6 days ago

Federal Judge Strikes Down Noncitizen Voting Law, Halting DOJ Enforcement

A federal judge in Florida has ruled that a 40-year-old statute criminalizing noncitizen voting in federal elections is unconstitutional, dismissing charges against a Jamaican national. The decision asserts that voter qualification authority lies exclusively with states, not Congress, potentially undermining the Trump administration's recent crackdown on noncitizen voting. While the ruling applies only to the specific defendant, it challenges the legal foundation of the Justice Department's enforcement strategy and has prompted an immediate appeal by the administration.

Federal Judge Strikes Down Noncitizen Voting Statute, Halting DOJ Enforcement Push
politics6 days ago

Federal Judge Strikes Down Noncitizen Voting Statute, Halting DOJ Enforcement Push

A federal judge in Florida has dismissed a criminal case against a Jamaican national, ruling that the 40-year-old federal statute prohibiting noncitizens from voting in federal elections is unconstitutional. The ruling asserts that voter qualifications are a power reserved for states, not Congress, potentially undermining the Trump administration's recent crackdown on noncitizen voting. While the decision applies only to the specific defendant, it challenges the legal foundation of the Justice Department's enforcement strategy.

politics9 days ago

Blackburn sues Smith over secret phone records subpoena

Sen. Marsha Blackburn filed a lawsuit against former special counsel Jack Smith and the Justice Department, alleging he illegally obtained her phone toll records during the 'Arctic Frost' investigation. The suit, filed in Tennessee one day after Smith’s Senate testimony, seeks to declare his appointment unconstitutional and demands the destruction of her data. Blackburn’s legal team argues Smith violated the Speech or Debate Clause by securing a nondisclosure order without informing the court that a sitting senator’s records were targeted. While Smith defended his actions as necessary to prevent election subversion, critics characterize the probe as a partisan 'witch hunt.' The case seeks nominal damages, focusing on judicial accountability rather than financial compensation.

DOJ: Federal handgun ban on 18–20-year-olds unconstitutional
politics21 days ago

DOJ: Federal handgun ban on 18–20-year-olds unconstitutional

The Justice Department’s Office of Legal Counsel concluded that the federal prohibition on selling handguns and handgun ammunition to individuals aged 18–20 violates the Second Amendment, a non-binding opinion that prosecutors are unlikely to pursue felony charges against dealers; the ruling follows mixed circuit court outcomes on age-based gun restrictions and notes the law’s non-precedential status while highlighting the broader political and legal debate over age limits for gun purchases.

Fired Within an Hour, Rogoff Sues to Reclaim Interim U.S. Attorney Post
politics2 months ago

Fired Within an Hour, Rogoff Sues to Reclaim Interim U.S. Attorney Post

A former U.S. attorney for Washington’s Western District, Roger Rogoff, is suing to be reinstated after being fired minutes after the judges appointed him to the post, arguing that federal judges can appoint interim U.S. attorneys without Senate confirmation and that the firing violates the Constitution; the DOJ counters that the President can remove interim U.S. attorneys, highlighting a contest over how lead prosecutors are chosen.

Birthright Victory, Enduring War: The Court and Trump’s Long Game
politics3 months ago

Birthright Victory, Enduring War: The Court and Trump’s Long Game

The Supreme Court’s ruling upholding birthright citizenship is framed as a tactical win for Trump, but the author argues it’s part of a broader, patient strategy by the right to rewrite law and expand executive power. Tracing decisions on DACA, immigration, and the power to remove independent agency heads, the piece contends this is a long‑term campaign rather than a one‑off victory, and that democracy must respond with a generation‑spanning strategy rather than short‑term wins.

Four Justices Open a Narrow Door on Birthright Citizenship Under the 14th Amendment
politics3 months ago

Four Justices Open a Narrow Door on Birthright Citizenship Under the 14th Amendment

The Supreme Court rejected President Trump’s plan to end birthright citizenship by executive order, but four justices said the policy could be lawful under the 14th Amendment’s citizenship clause, with Justices Kavanaugh and Thomas among them; Kavanaugh would have ruled against the plan on other grounds, highlighting a nuanced, divided view on birthright citizenship.

SCOTUS weighs birthright citizenship challenge to Trump order
politics3 months ago

SCOTUS weighs birthright citizenship challenge to Trump order

The Supreme Court will decide whether President Trump's birthright citizenship order—denying automatic citizenship to children born to parents in the U.S. illegally or temporarily—passes constitutional muster; the term has also featured a major ruling expanding presidential power to fire agency heads, and the court is weighing cases on transgender athletes and campaign spending. Justices expressed skepticism at oral arguments, suggesting a potentially complex or limited ruling.

Alito’s Aloha Spirit jab highlights culture in gun-rights ruling
politics3 months ago

Alito’s Aloha Spirit jab highlights culture in gun-rights ruling

The Supreme Court’s Wolford v. Lopez decision struck down Hawaii’s ban on carrying guns onto private property, but Justice Samuel Alito’s reference to the “spirit of Aloha” drew criticism as a racially tinged political jab; the piece argues Hawaiian historical traditions and the Aloha Spirit should inform constitutional interpretation and suggests conservatives are using culture to frame the gun-rights debate.

Judge rules $100,000 H-1B visa fee unlawful tax
legal4 months ago

Judge rules $100,000 H-1B visa fee unlawful tax

A U.S. District Judge in Boston, Leo Sorokin, struck down former President Trump’s $100,000 fee for new H‑1B visas, ruling it was an unlawful tax not authorized by Congress; the fee, intended to deter skilled-immigrant petitions, had barely been collected (only about 85 payments by February) and was challenged by 20 Democratic state attorneys general. Sorokin said the charge is a tax in substance regardless of its label, and the White House did not comment.

Americans show rising interest as Canada widens citizenship rules
americas4 months ago

Americans show rising interest as Canada widens citizenship rules

Canada’s new citizenship-by-descent rules, in force since December, let more generations claim citizenship if they can prove descent. IRCC data show descent-based approvals rising by over 1,000 per month this year (Jan 1,140; Feb 1,255; Mar 1,405 versus 275 in Dec 2025), with roughly 48% of the extra approvals coming from the United States. Lawyers say American interest reflects tight U.S. politics and close cross-border ties, while noting most new citizens are expected to live abroad; the rule change followed a 2023 court ruling finding first-generation limits unconstitutional.

Forever Immunity and the Fragile Line Between Law and Power
politics4 months ago

Forever Immunity and the Fragile Line Between Law and Power

Slate legal analyst Aziz Huq argues that acting AG Todd Blanche’s bid to grant Trump and his family “forever immunity” rests on a nonexistent constitutional power to bind future officials or to immunize future actions from the law. The piece stresses that no branch—Congress or the president—can unilaterally erase future accountability, and that presidential pardons are personal and limited. Blanche’s move would set a dangerous precedent, potentially allowing any administration to permanently shield statutes from enforcement and undermine the rule of law; the article urges rejecting this power grab and reinforcing constitutional limits on executive authority.