JURIST legal news archive...

North Carolina judge rules private school voucher program unconstitutional
August 21, 2014
A North Carolina judge ruled Thursday that North Carolina's school voucher program, known as Opportunity Scholarships is unconstitutional. Judge Robert Hobgood of the Wake County Superior Court specifically ruled that the program violates article 1 section 15 and article 9 section 2(1) of the North....... [more]

Federal judge refuses to block North Carolina voter law
August 11, 2014
A judge for the US District Court Middle District of North Carolina on Friday rejected preliminary relief in the form of an injunction against a new voter law in North Carolina. The law will require voters to show a picture ID at the polls by 2016, but other changes are already in effect and were at....... [more]

Timing is Everything: Martinez v. Illinois (Re)Specifies When Jeopardy Attaches
June 19, 2014
JURIST Guest Columnist Griffen Thorne, Loyola University Chicago School of Law, Class of 2015, discusses the intricacies of double jeopardy and the point at which jeopardy is thought to first occur... Double jeopardy is among the most complex doctrines of constitutional criminal procedure and among....... [more]

Supreme Court rules state statute of repose not preempted by federal law
June 9, 2014
The US Supreme Court ruled 7-2 Monday in CTS Corp. v. Waldburger that the discovery rule set forth in the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) does not preempt a state's law limiting the time to seek remedies. The case arose after North Carolina landowners fi....... [more]

North Carolina clergy members challenge same-sex marriage ban
April 28, 2014
The United Church of Christ (UCC) on Monday filed a lawsuit challenging North Carolina's same-sex marriage ban on the grounds that it restricts freedom of religion. The lawsuit was filed in the US District Court for the Western District of North Carolina on behalf of UCC reverends and same-sex coupl....... [more]

ACLU files lawsuit challenging North Carolina same-sex marriage ban
April 10, 2014
The American Civil Liberties Union (ACLU) and the ACLU of North Carolina filed a lawsuit in federal court Wednesday seeking recognition of marriage from the state of North Carolina for three married, same-sex couples. In each couple, one member has a serious medical condition, and North Carolina's s....... [more]

Federal appeals court strikes down North Carolina 'choose life' license plates
February 12, 2014
The US Court of Appeals for the Fourth Circuit ruled Tuesday that a 2011 North Carolina law that permits residents to display a license plate reading "Choose Life" is unconstitutional. North Carolina appealed to the Fourth Circuit after a federal district court judge struck down the law. The Fourth....... [more]

Federal judge rules North Carolina abortion ultrasound law is unconstitutional
January 19, 2014
A judge for the US District Court for the Middle District of North Carolina on Friday ruled that a North Carolina state law requiring women seeking an abortion to undergo an ultrasound procedure is unconstitutional because it violates the First Amendment rights of physicians and patients. The lawsui....... [more]

The Establishment Clause Timeline
November 13, 2013
11/06/2013: Supreme Court heard oral arguments on legislative prayer. 07/03/2012: Federal judge upheld South Carolina program awarding credit for off-campus religious courses. 01/17/2012: Supreme Court declined to rule on board meeting prayers in North Carolina. 01/11/2012: Supreme Court upheld A....... [more]

North Carolina official to begin accepting same-sex marriage licenses
October 15, 2013
Buncombe County Register of Deeds Drew Reisinger, in Asheville, North Carolina, announced Monday he will begin accepting marriage license applications from same-sex couples and requested review of the decision from North Carolina's Attorney General. Attorney General Roy Cooper has stated that he su....... [more]

DOJ sues North Carolina to prevent new voting laws
September 30, 2013
The US Department of Justice (DOJ) announced on Monday that it has filed a lawsuit to bar North Carolina from implementing their recently-passed voting reform bill, stating that the stricter requirements will disproportionately effect minority groups. Particularly, the DOJ takes issue with the bill....... [more]