The Gloucester County School Board’s policy requiring students to use bathrooms matching their “biological gender,” and its refusal to amend a student’s records to reflect his gender identity after his transition, were not substantially related to important governmental interests and ...
Read More »Constitutional – Portions of Anti-Riot Act held unconstitutional
Although sections of the anti-riot act failed to bear the requisite relation between speech and lawlessness, the convictions of two defendants for violent participation in three white supremacist rallies were affirmed because their conduct fell under the statute’s surviving provisions. ...
Read More »Constitutional – Amendment – Gerrymandered General Assembly – Elections
Even though some members of the General Assembly had been elected from unconstitutionally gerrymandered legislative districts when the Legislature put the challenged state constitutional amendments on the ballot, the General Assembly retained the authority to exercise its legislative powers. We ...
Read More »Constitutional – Nationwide injunction over new DHS rule was error
Where the Department of Homeland Security’s new definition of “public charge” in the Immigration and Nationality Act, or INA, was permissible, a nonprofit’s challenge to the definition failed because it could not show a likelihood of success on its claim. ...
Read More »Constitutional – Gun shop has standing to challenge handgun licensing law
Where a gun shop lost sales as a result of Maryland’s handgun licensing law, its ability to sell handguns was constrained and the injury could be redressed by a favorable decision, the shop had standing to challenge the statute. It ...
Read More »Constitutional – Full Faith & Credit – Real Property – Mortgages – Deficiency Judgment – S.C. Settlement Agreement
In this action to enforce a South Carolina judgment, the underlying mortgages and promissory notes (for the purchase of South Carolina land) said they were to be governed by North Carolina law, which includes our anti-deficiency statute. Nevertheless, the ...
Read More »Constitutional – Charleston tour guide licensing scheme is unconstitutional
Tour guides in Charleston, South Carolina, are no longer required to pass a written examination, acquire a valid business license that must be renewed annually and pay fees before they can provide tours. The ordinance was struck down on First ...
Read More »Civil Practice – Constitutional Voter ID –Preliminary Injunction – Arlington Heights Review
Where plaintiffs have made a showing of both discriminatory intent and discriminatory impact with regard to a voter ID law, they are entitled to a preliminary injunction enjoining its enforcement during the pendency of this action. We reverse the three-judge ...
Read More »Constitutional – Penalties – Schools & School Boards – Contract – Environmental – Hog Farms
Pursuant to an agreement between the North Carolina Attorney General and Smithfield Foods, Inc., and several of its subsidiaries (Smithfield), Smithfield makes payments into an escrow account, which the Attorney General then disburses via an Environmental Enhancement Grants Program. Because ...
Read More »Constitutional – First Impression – ‘Right to Instruct’ – General Assembly – Extra Session
While the people have a constitutional “right to instruct” their legislators, that right was not violated by an extra session that was called without notice as to the topics it would address nor by the swift passage of laws therein. ...
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