Statute
Fourteenth Amendment
668 published works
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Inmate wins sexual abuse appeal against correction officer
By secondcircuitcivilrightsblogsecondcircuitcivilrig
The plaintiff in this case alleges that, while he was a pre-trial detainee in the Connecticut system, a correction officer sexually assaulted him. Plaintiff sues under the Fourteenth Amendment. The…
Last Month at the Supreme Court
Decision Alert: Supreme Court Vacates Stay on Injunction to Block California Transgender Nondisclosure Policy
By Chantel Febus, James Azadian, Monika Harris
On March 2, 2026, in Mirabelli v. Bonta (No. 25A810), the Supreme Court blocked a California law that prohibited public school officials from disclosing a student’s gender identity at school…
Legal History Blog
Siegel on the Originalist Case for Prenatal Personhood
By Dan Ernst
Reva Siegel, Yale Law School, has posted It's Alive! When the Original Meaning of "Person" Protected by the Fourteenth Amendment Is Not a Fixed, But Living Word:This Article examines an…
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Supreme Court rules for religious parents in public school gender-transitioning case
By secondcircuitcivilrightsblogsecondcircuitcivilrig
Without hearing oral argument, the Supreme Court has ruled that religious parents in California are likely to win their case challenging a state law that bars public schools from telling…
Legal History Blog
MAH: Symposium on Birthright Citizenship
By Dan Ernst
Modern American History 8:3 (November 2025) includes an open-access symposium on birthright citizenship:The Historical Paths to and from Wong Kim ArkHardeep Dhillon, Beth Lew-Williams, Maddalena Marinari, Heather Ruth Lee, Anna…
Regulatory Oversight
Texas and Florida AGs Issue Opinions Ratifying Trump Administration’s Executive Orders Dismantling DEI Policies and Programs
By Troutman Pepper Locke State Attorneys General Team
Recent opinions by the Texas attorney general (AG) and the Florida AG assert that their states’ race- and sex-conscious laws and policies are unconstitutional. The opinions align with President Donald…
Legal History Blog
Ramsey on Birthright Citizenship
By Dan Ernst
Michael D. Ramsey, University of San Diego School of Law, has posted Birthright Citizenship Re-Examined: In 2020, I argued in Originalism and Birthright Citizenship that the original meaning of the…
Sixth Circuit Appellate Blog
Sixth Circuit Weighs Second Amendment Rights of Illegal Immigrants
Do illegal immigrants have Second Amendment rights? The Sixth Circuit just said no, though the panel couldn’t agree on why. Authorities found three firearms when searching the home of Milder…
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County inmate has a substantive due process claim for arbitrary financial penalty
By secondcircuitcivilrightsblogsecondcircuitcivilrig
This pro-se inmate in an upstate county jail wins his appeal in the Second Circuit, which finds that certain fines levied against him may violate the Constitution.The case is Bass…
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Substantive due process claim proceeds to trial in wrongful death case
By secondcircuitcivilrightsblogsecondcircuitcivilrig
Remember substantive due process? We learned about it in law school. It says that the Fourteenth Amendment recognizes an implied claim for a substantial rights violation even if the Constitution…