Articles Tagged: Constitutional Law

 

Supreme Court’s New Term Puts Immigration, Guns, Climate, and Voting Fights on Center Stage

The U.S. Supreme Court opens its October 2026 term on Monday with a docket that is already drawing outsized attention from litigators, regulators, and in-house legal teams. The justices are expected to hear major disputes touching immigration detention, firearm restrictions, climate-liability claims, voting rules, and LGBT-rights issues—areas where even incremental doctrinal shifts can quickly reshape litigation strategy nationwide.

Although no merits rulings have been issued yet, the composition of the Court’s calendar is itself a major legal development.

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Brinkema Keeps Fight Over Proposed $1.8 Billion “Anti-Weaponization Fund” Alive

A federal judge in Alexandria has refused to dismiss as moot a challenge to a proposed $1.8 billion compensation mechanism described by critics as an “anti-weaponization fund,” keeping alive a closely watched dispute over executive power, appropriations, and the legal limits of government settlement structures.

The plaintiffs, including Democracy Forward, had challenged the concept as an effort to channel large-scale payouts tied to claims by Trump political allies through an executive-branch mechanism rather than through a clearer congressional appropriations process.

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DOJ Will Not Criminally Enforce Federal Handgun Sales Ban for 18-to-20-Year-Olds

The Justice Department has taken a notable step on federal firearms enforcement: its Office of Legal Counsel has concluded that the federal restrictions preventing licensed dealers from selling handguns to otherwise law-abiding adults ages 18 to 20 cannot be constitutionally enforced through criminal prosecution. The opinion addresses 18 U.S.C. § 922(b)(1) and (c)(1), which have long barred federally licensed firearms dealers from completing those sales to that age group.

Although the OLC opinion is not a judicial decision and does not itself strike the statute from the U.S. Code, it is highly consequential as a matter of executive-branch policy.

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Washington Supreme Court Voids Natural-Gas Initiative 2066 on Single-Subject Grounds

In a closely watched state-law ruling, the Washington Supreme Court struck down Initiative 2066, a voter-approved measure designed to curb state and local efforts to move buildings and utilities away from natural gas. In Climate Solutions v. State, the court held that the initiative violated the Washington Constitution’s single-subject rule, rendering the measure invalid.

The decision matters well beyond ballot-law procedure.

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Third Circuit Reopens Challenge to New Jersey’s Gun-Industry Public-Nuisance Law

The Third Circuit has revived a closely watched challenge to New Jersey’s gun-industry public-nuisance statute, allowing the National Shooting Sports Foundation to continue pressing claims that the law is unconstitutional and preempted by federal law. In a September 8, 2026 decision, the appellate court reversed a lower-court stay that had paused the federal case while related state-court issues played out.

The dispute centers on a New Jersey law authorizing civil actions against firearm manufacturers, distributors, and sellers for conduct alleged to endanger public health and safety.

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Missouri High Court Halts Trump-Backed Congressional Map Ahead of 2026

The Missouri Supreme Court has unanimously blocked newly drawn congressional districts backed by President Donald Trump from being used in the November 2026 general election, dealing a significant blow to Republican redistricting efforts in the state. The court also ordered that Missouri voters get a statewide say on whether the districts should remain in place, adding a direct-democracy dimension to an already high-stakes election law fight.

The ruling is significant not just because of its political consequences, but because it underscores how state supreme courts continue to play a central role in policing redistricting disputes.

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Judge Halts Pentagon Effort to Cut Off Anthropic, Calling Actions “Illegal and Baseless”

A federal judge in Washington, D.C., has dealt a significant setback to the Pentagon’s effort to sideline Anthropic from federal use, ruling that the government’s actions were “illegal and baseless” and temporarily blocking parts of the administration’s campaign against the AI company.

While the full factual record will matter as the case proceeds, the court’s language is notable.

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California Judge Blocks Deportation Policy Targeting Anti-Israel Campus Speech

A federal judge in California has sharply limited the government’s ability to use immigration enforcement against noncitizen students based on political speech critical of Israel or the war in Gaza. In a ruling reported by the Associated Press, Judge Susan Illston of the U.S. District Court in California found the policy likely violates the First Amendment and is impermissibly vague, barring enforcement while the case proceeds.

The challenge was brought with the involvement of the Foundation for Individual Rights and Expression, and the decision is notable because it addresses a question that has been looming over colleges and universities since protests intensified: whether the executive branch can treat campus advocacy as a basis for deportation when that advocacy is otherwise protected expression.

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Judge Blocks Pentagon’s Anthropic Blacklisting as Unlawful

A federal judge in California has ruled for Anthropic in its challenge to the Pentagon’s decision to designate the AI company as a supply-chain risk, concluding the government’s action was unlawful and effectively preventing the blacklisting from taking hold. The dispute puts a spotlight on one of the most consequential fault lines in modern procurement law: how far the government can go in invoking national-security concerns to cut off a contractor — or potential contractor — from federal business.

At the center of the case is the Defense Department’s asserted authority to restrict access to the federal marketplace based on perceived risk.

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DOJ Challenges State Tuition Benefits for Undocumented Students in New York, Connecticut, and Vermont

The U.S. Department of Justice has opened a new front in federal-state immigration litigation, filing suits against New York, Connecticut, and Vermont over laws that allow certain undocumented students to qualify for in-state tuition rates and, in some cases, state financial aid. The federal government’s core argument is that these state policies conflict with federal restrictions on postsecondary education benefits tied to immigration status.

At the center of the dispute is the interaction between federal immigration law and state authority over public higher education.

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Boston Judge Reaffirms Block on Trump Mail-Voting Order Ahead of 2026 Midterms

A federal judge in Boston has again ruled against President Donald Trump’s executive order targeting mail voting, handing the administration another setback as it pushes for Supreme Court intervention before the November 3, 2026 midterm elections. U.S. District Judge Indira Talwani’s decision keeps in place a barrier to federal efforts that challengers say would reshape election administration by creating a federal voter list and drawing the U.S. Postal Service into election-related functions traditionally handled by states.

The ruling comes in consolidated litigation brought by voting-rights groups and Democratic state attorneys general, including League of Women Voters of Massachusetts et al v. Trump et al and State of California et al v. Trump et al in the District of Massachusetts.

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Boston Judge Again Halts Trump Election Order in Latest Setback for Federal Voting Overhaul

A federal judge in Boston has again blocked key provisions of President Donald Trump’s executive order aimed at expanding the federal government’s role in election administration, marking another significant judicial check on the administration’s effort to reshape voting rules ahead of the 2026 midterms.

U.S. District Judge Indira Talwani, of the U.S. District Court in Massachusetts, ruled against provisions that would have helped create a federal voter list and more directly inserted federal authority into functions traditionally handled by states.

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Judge Finds DHS Guidance Defied D.C. Order on Warrantless ICE Arrests

A federal judge in Washington, D.C., has concluded that Department of Homeland Security and ICE guidance failed to comply with an earlier court order restricting warrantless immigration arrests in the District. The ruling, from Judge Beryl Howell of the U.S. District Court for the District of Columbia, marks an unusually direct judicial rebuke: not just disagreement over policy, but a finding that agency conduct did not match the limits the court had already imposed.

At the center of the dispute is the scope of ICE’s authority to make warrantless arrests and whether revised agency guidance meaningfully honored the court’s prior restrictions.

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South Dakota Abortion Ad Ban Put on Hold in First Amendment Challenge

A federal judge in South Dakota has preliminarily enjoined enforcement of a state abortion-advertising restriction against a reproductive-health education nonprofit and an attorney, concluding the challengers are likely to succeed on their First Amendment claims. The ruling is another important entry in the growing body of post-Dobbs litigation testing how far states can go when regulating not just abortion procedures, but speech about abortion.

At this stage, the court did not finally decide the statute’s constitutionality.

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Judge Freezes Philadelphia’s ‘ICE Out’ Mask Rule in Federal Preemption Clash

A federal judge on July 2 temporarily blocked Philadelphia from enforcing a city measure aimed at federal immigration operations, preventing the city from requiring federal officers to go unmasked, display visible identification, and use marked vehicles during enforcement activity. The ruling is an early but important development in a fast-evolving conflict between local efforts to regulate immigration tactics and the federal government’s claim to operational control over its officers.

At the center of the dispute is a familiar constitutional fault line: whether a municipality can impose rules that affect how federal officers carry out federal law.

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