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Tag Archives: Constitutional

Constitutional -Free Speech – Pregnancy Center – Municipal Ordinance – No Referrals – Abortion & Birth Control (access required)

Greater Baltimore Center for Pregnancy Concerns Inc. v. St. Brigid’s Roman Catholic Congregation Inc. The 4th Circuit upholds summary judgment for a Baltimore “Pregnancy Center” on its challenge to a local ordinance the Center said violated its free speech rights by compelling it to post signs saying the Center did not provide or make referral for abortion or birth control services.

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Prisons & Jails – Constitutional – Due Process & Ex Post Facto Clauses – Parole Denial Policy – Violent Offenders (access required)

Burnette v. Fahey Plaintiff Virginia inmates have not stated due process and ex post facto claims against defendant members of the Virginia Parole Board in their official capacities for an alleged policy of denying parole to parole-eligible inmates convicted of violent offenses; the 4th Circuit affirms dismissal of the inmates’ complaint.

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Labor & Employment – Constitutional – Free Speech – Unlawful Firing Claim – Public Employees (access required)

Brooks v. Arthur Two Virginia correctional officers cannot sue for alleged unlawful firing for exercise of their First Amendment free-speech rights; the 4th Circuit says complaints about an employee’s own duties pursued through an internal grievance procedure do not relate to a matter of public concern.

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Elections – Voting Rights Act – Constitutional – Due Process & Equal Protection – Primary Ballots – Disqualification – Civil Practice – Temporary Restraining Order Motion (access required)

Smith v. South Carolina Election Commission The plaintiff-candidates allege that Anderson v. South Carolina Election Commission, 725 S.E.2d 704 (S.C. May 2, 2012) (“Anderson I”), rehearing denied Order No. 2012-05-03-05 (S.C. May 3, 2012) (“Anderson Order”), and Florence County Democratic Party v. Florence County Republican Party, Slip Op. No. 27128 (S.C. June 5, 2012), have been inconsistently applied...

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Elections – Advocacy Group – FEC Regulation – Constitutional – Vagueness Challenge — PAC Disclosures – ‘Major Purpose’ Test (access required)

The Real Truth About Abortion Inc. v. FEC Appellant, a Virginia nonprofit group called “The Real Truth About Abortion Inc.,” loses its constitutional challenge to a regulation of the Federal Election Commission that appellant says is unconstitutionally vague with regard to whether “Real Truth” has to make disclosures as a “political action committee.”

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Criminal Practice – Habeas Corpus – Constitutional – Due Process – References to Religion – Church-Service Robbery (access required)

Deyton v. Keller Although the trial judge at defendants’ trial for armed robbery of Sunday worship services at a North Carolina church made references to religion, those references did not violate defendants’ right to due process, as defendants’ choice to target a church during weekly services “imbued their crime with an undeniably religious character”; the 4th Circuit denies defendants’ claim for habeas relief under 28 U.S.C. § 2254.

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Banks & Banking – Constitutional – TARP & EEPA – Real Property – Foreclosure (access required)

First Citizens Bank & Trust Co. v. Spirakis The third-party plaintiff seeks actual and punitive damages against third-party defendants the U.S. Treasury Department and the Board of Governors of the Federal Reserve System for their actions involving the distribution of TARP funds, but nowhere in the Emergency Economic Stabilization Act of 2008 (EESA) or the Administrative Procedure Act is there a provision permitting money damages for alleged injury caused by actions taken pursuant to the EESA.

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Banks & Banking – Constitutional – TARP & EEPA – Real Property – Foreclosure (access required)

CitiMortgage, Inc. v. Kokolis The third-party plaintiff seeks actual and punitive damages against third-party defendants the U.S. Treasury Department and the Board of Governors of the Federal Reserve System, but nowhere in the Emergency Economic Stabilization Act of 2008 (EESA) or the Administrative Procedure Act is there a provision permitting money damages for alleged injury caused by actions taken pursuant to the EESA.

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Constitutional – Dual Office-Holding – Municipal – County Council – County Hospital Board – Bankruptcy (access required)

In re Barnwell County Hospital Even though the S.C. Constitution generally bars an individual from holding two offices of honor or profit at the same time, since the Barnwell County Council has responsibility for and ownership of the assets of the Barnwell County Hospital, members of the County Council may also appoint themselves to the Barnwell County Hospital Board.

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