Search Results for: Fifth Amendment

The recent Australian High Court ruling in NZYQ v. Minister for Immigration, Citizenship and Multicultural Affairs has prompted significant developments in Australia’s immigration detention policies. This commentary examines the legal implications of the ruling, the subsequent legislative response, and the ongoing concerns raised by human rights and refugee advocates. A History of Mandatory Detention for [...]

Belarusian law students enrolled at European Humanities University are filing reports with JURIST on current circumstances in Belarus under the constitutionally-disputed presidency of Alexander Lukashenka. Ulyana Belaya and Katsiaryna Vasilionak file this dispatch from Vilnius, Lithuania.    Back in 2020 presidential elections happened in Belarus, followed by massive protests and even more massive waves of [...]

The Administration of US President Joe Biden on Wednesday filed an appeal with the Supreme Court over a 2022 Fifth Circuit ruling on so-called “ghost guns.” The Gun Control Act of 1968 (GCA) defines a “firearm” as “(A) any weapon (including a starter gun) which will or is designed to or may readily be converted [...]

Students for Fair Admissions (SFFA) requested on Friday that the Supreme Court block the United States Military Academy at West Point from using race as a factor in applications while its lawsuit makes it way through the lower courts. SFFA is the same group that sued Harvard University and the University of North Carolina, which led [...]

The US Court of Appeals for the Fifth Circuit denied Tuesday the appeal of Texas citizen journalist Priscilla Villarreal, who claimed that her arrest for misuse of information was unconstitutional. Villarreal had brought a civil rights claim against the city of Laredo, Texas over her 2018 arrest. Villarreal, known online as “La Gordiloca,” is a [...]

The US Court of Appeals for the Fifth Circuit heard oral arguments Tuesday in a case challenging a Mississippi felon voter disenfranchisement law. Several voters who were previously convicted of felonies challenged the law on the basis of it being an unconstitutional example of cruel and unusual punishment under the US Constitution’s Eighth Amendment. The [...]

The US Court of Appeals for the Fifth Circuit ruled on Wednesday that Texas legislation aimed at restricting or banning “sexually explicit” books in public school libraries likely violates the Constitution, affirming a lower court’s injunction against it. The law under scrutiny, known as the Restricting Explicit and Adult-Designated Educational Resources (READER) Act, compels vendors [...]

The US Supreme Court heard oral arguments Tuesday from a California man challenging a $23,000 traffic impact fee levied in exchange for a building permit. Placerville, California resident George Sheetz challenged a decision from El Dorado County under the US Constitution’s Fifth Amendment—specifically a provision known as the Takings Clause. The dispute between Sheetz and [...]

The US Court of Appeals for the Fifth Circuit denied an injunction Thursday against a Mississippi law that created a state-run court district in the state’s capital of Jackson. The court held that the plaintiffs in the case had failed to show standing to maintain a case for a preliminary injunction. The NAACP originally appealed [...]

A federal judge issued an opinion Wednesday allowing the United States Military Academy at West Point to continue using race as an admissions factor. This ruling comes after the Supreme Court changed the landscape of race-based affirmative action with its 2023 decision that effectively ended the practice at colleges and universities across the US. The [...]