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Privacy isn’t in the Constitution – but it’s everywhere in constitutional law
Almost all American adults – including parents, medical patients and people who are sexually active – regularly exercise their right to privacy, even if they don’t know it. Privacy is not specifically mentioned in the U.S. Constitution. But for half a century, the Supreme Court has recognized it as an outgrowth of protections for individual […]
ACLU threatens suit over Lawyers’ Mall solicitation ban
ANNAPOLIS – Citing freedom of speech, a civil rights group on Tuesday threatened to sue a Maryland agency if it fails by Feb. 1 to lift a prohibition on solicitations for funds on Lawyers’ Mall, a popular site for political protest with the State House and a statue of Thurgood Marshall as backdrops. The Department […]
Why Ginsburg prefers ‘gender’ to ‘sex’
Some attorneys might have noticed that Supreme Court Justice Ruth Bader Ginsburg referred to "gender" and not "sex" bias in a recent opinion.
Md. legislators on standby as murder sentencing scheme faces constitutional challenge
Since lawmakers repealed the death penalty in 2013, life in prison without the possibility of parole has become the most severe criminal penalty an individual can face in Maryland. Unlike the death penalty, however, life without parole has no standards prosecutors must meet other than a defendant must be convicted of first-degree murder. A bill […]
Court of Appeals has questions for lawyers on both sides of Freddie Gray cases
ANNAPOLIS – The judges on Maryland’s highest court expressed skepticism Thursday that the rights of six officers charged in the Freddie Gray cases would be trampled if the court did not intercede and overturn the trial judge’s interpretations of state’s immunity statute. The criminal cases for the six officers have been placed on hold due […]
Jack L.B. Gohn: The weird jurisprudence and constitutionalism of Ted Cruz
I write about policy in this column, not politics, but sometimes a focus on policy inescapably draws one’s attention to politicians. This is one of those times. Nearly 16 months before the next election (thanks to our agonizingly long presidential campaigns), one of the candidates, Sen. Ted Cruz, R-Texas, has sought to distinguish himself by […]
Britain considers putting constitution on paper
Britain's consideration of a written constitution heads news summary that includes possible change in California's traffic courts and apology to lawyers from Egypt's president and apology from lawyers to Hollywood executives.
The failed constitutional amendments
A clever tweet that probably will set off alarm bells in the minds constitutional law scholars.
Appeals court: States can’t ban gay marriage
A federal appeals court ruled Wednesday that states must allow gay couples to marry, finding the Constitution protects same-sex relationships and putting a remarkable legal winning streak across the country one step closer to the U.S. Supreme Court.
Supreme Court to consider Md. ‘piggyback’ policy
In a victory for the Maryland tax collector, the Supreme Court on Tuesday agreed to consider the constitutionality of a state law that bars Marylanders from deducting, from city or county taxes, any tax they paid to other states on money earned there.
Righting Md.’s wrong vote on slavery
Maryland was one of four states that did vote, in 1862, to ratify the Corwin Amendment, which would have enshrined slavery in the Constitution.
Charles C. Haynes: When do student prayers cross First Amendment line?
Students are free to pray in public schools — except when they aren’t.
