JURIST
MAY 17, 2022
Four criminal defendants in Oregon Monday filed a lawsuit against the state for violating their rights to counsel and a speedy trial under the Sixth Amendment. And while there may be many explanations for the current crisis in Oregon, placing defendants on a “waiting list” for counsel is not the solution.
Constitutional Law Reporter
APRIL 25, 2024
Supreme Court held that Yonas Fikre’s lawsuit against the FBI is not moot. Accordingly, his suit alleging that the government placed him on the No Fly List unlawfully may proceed in the lower courts. The district court agreed with the government, but the Ninth Circuit Court of Appeals reversed. At a visit to the U.S.
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NewYorkCourtWatcher
AUGUST 3, 2020
More Aftermath of Scalia's Dreadful Oregon v. Smith Opinion We've previously discussed how New York's highest court, when deciding Catholic Charities v. Serio in 2006, did so with the Supreme Court's 1990 decision in Oregon v. Smith as a backdrop.
JURIST
NOVEMBER 3, 2022
The crossed-out language is what will be removed from the constitution if Proposal 2 is adopted. According to the author of Proposal 2, Vermont constitutional law professor Peter Teachout, the amendment makes no change to substantive rights. Evidence lies in both the constitutional language and judicial precedent.
NewYorkCourtWatcher
JULY 6, 2020
More Aftermath of Scalia's Dreadful Oregon v. Vullo, a New York appellate court rejected religious objections to paying for abortion coverage. Smith Opinion Last week, in Roman Catholic Diocese of Albany v.
NewYorkCourtWatcher
JULY 22, 2020
More Aftermath of Scalia's Dreadful Oregon v. Smith Opinion Prior to discussing the Supreme Court's three recent church-state decisions in the immediately preceding post (see Part 1a--addendum), we discussed the status of federal free exercise protections. Smith decision--religious liberty is protected only.
Constitutional Law Reporter
FEBRUARY 27, 2023
Supreme Court recently granted certiorari in Counterman v. 723 (2015), but ultimately decided the case before reaching the constitutional issue. The Colorado Court of Appeals affirmed the conviction. The court acknowledged that “[s]ocial media magnify the potential for a speaker’s innocent words to be misunderstood.”
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