Latest in Civil Liberties and Constitutional Rights

Civil Liberties and Constitutional Rights

Hoda Muthana and Shamima Begum: Citizenship and Expatriation in the U.S. and U.K.

In the past few days, two young women who left their home countries to join the Islamic State in Syria announced their desire to return home with their children. Hoda Muthana, from the United States, and Shamima Begum, from the United Kingdom, both married Islamic State fighters and had children in Syria. But neither the U.S. nor the U.K. will allow their return.

Civil Liberties and Constitutional Rights

Supreme Court Stays Injunctions in Trans Ban Case: What Happens Now?

This morning, the Supreme Court granted stays of two district court preliminary injunctions in Trump v. Karnoski and Trump v. Stockman, which had blocked implementation of the Trump administration’s ban on military service by transgender people. Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan would have denied the stay.

First Amendment

Document: Fourth Circuit Says Virginia Politician’s Facebook Page is a ‘Public Forum’ and that First Amendment Prohibits Blocking Constituents

On Monday, the U.S. Court of Appeals for the Fourth Circuit ruled in Davidson v. Randall that a Virginia county official who blocked a constituent's access to the official’s Facebook page had violated the First Amendment. The court held that the official’s Facebook account amounted to a “public forum” and that blocking constituent access based on political viewpoints is unconstitutional. The full ruling is below.

Civil Liberties and Constitutional Rights

Transgender Service Ban Cases Docketed for Supreme Court’s January Conference

On Nov. 23, the Trump administration filed petitions with the Supreme Court for a writ of certiorari before judgment in three lawsuits challenging its ban on military service by transgender people, seeking extraordinary expedited review and preempting rulings by the courts of appeals.

Civil Liberties and Constitutional Rights

Document: Court Denies Request to Stay Injunction in Transgender Servicemember Case

The U.S. District Court for the District of Columbia declined on Nov. 30 to grant the government's motion for a stay of the court's preliminary injunction halting implementation of the ban on military service by transgender individuals. The court's order is available here and below.

Civil Liberties and Constitutional Rights

Trump Administration Appeals Transgender Service Ban to Supreme Court

On Nov. 23, the Trump administration filed petitions for a writ of certiorari before judgment in three lawsuits challenging its ban on military service by transgender people, preempting rulings by the courts of appeals. The filings are available here, here, here and below.

Civil Liberties and Constitutional Rights

Government Seeks Expedited Consideration in Transgender Service Member Ban Litigation

Last Wednesday, the government filed notices with the Ninth Circuit in Karnoski v. Trump and in the D.C. Circuit in Doe 2 v. Trump, informing the courts of the government’s intent to seek expedited review by the Supreme Court, bypassing the regular appeals process if necessary. In each case, the government is appealing preliminary injunctions which currently block implementation of a policy barring transgender individuals, with few exceptions, from serving in the military.

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