Constitutional Law – NWSidebar

Why is Alyssa Milano Tweeting About the Equal Rights Amendment?

The ERA battle is very much alive in court. To get a handle on the trio of lawsuits surrounding it, you first need to know a little about David Ferriero.

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‘Make No Law’ Undergirds the Rule of Law

On May 1 — Law Day 2019 — we honor a constitutional provision that says “make no law,” as we commemorate the rule of law in the United States. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; […]

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Supporting Our Muslim Neighbors

Supporting the rights of our Muslim neighbors is important; any lessening of their rights affects us all. The time to speak up is now. This year Dee, my spouse, and I became more politically active than we have been in the past. We marched in the MLK Seattle march for the first time and in […]

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2017 Law Day Marks Increased Focus on Legal Profession, Recognizes Impact of 14th Amendment

Happy Law Day! I’m Sanjay Walvekar, the new legal community outreach specialist at the WSBA. I’m excited for this opportunity to introduce myself and to share my thoughts on this important holiday.

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NWLawyer: Noah Purcell on How Washington State Blocked Trump’s Travel Ban

This month’s cover of NWLawyer is dedicated to Solicitor General, Noah Purcell, who stopped the president’s travel ban in its tracks. This month’s cover of NWLawyer is dedicated to Washington’s Solicitor General Noah Purcell, who went head to head with the Trump administration in the Ninth Circuit Court to stop the president’s travel ban in […]

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From Nomination to Confirmation: The U.S. Supreme Court Confirmation Process

Confirming justices to the U.S. Supreme Court involves several steps. Here’s how the confirmation process works. More than a year after the death of U.S. Supreme Court Justice Antonin Scalia, the Senate Judiciary Committee has finally completed confirmation hearings to fill the vacancy, and the full Senate is poised to vote amid threat of filibuster. President […]

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Supreme Court on Use of Refusal to Submit to Field Sobriety Tests: No Clear Holding

In State v. Mecham, the Washington Supreme Court issued a fractured opinion in a DUI prosecution in which the state entered into evidence the defendant’s refusal to perform field sobriety tests (FST). Although the court stated in its June 16 ruling it was affirming the defendant’s conviction, the actual result appears to reverse the conviction […]

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Case Analysis: Second Amendment Does Not Protect Concealed Carry

The 9th Circuit Court of Appeals ruled June 9, 2016, in Peruta v. County of San Diego that the Second Amendment does not include the right to concealed carry. The court heard the case en banc and decided 7–4.

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Using Tribal Common Law to Effectively Represent Clients in Tribal Court

Read three examples of how tribal common law can lead to results differing from those reached under state law. If you are unfamiliar with tribal courts, you may be surprised to hear they apply tribal customs and traditions to resolve legal disputes. Indeed, I find this is one of the most interesting parts of working […]

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Case Law Changes to Mandatory Blood Tests

Under State v. Gauthier, citizens have the right to refuse a warrantless blood test, and such refusal cannot be used as evidence at trial. Defense attorneys have argued for years that a breath or blood test constitutes a search and that without a warrant, citizens should have the right to refuse the search without consequence. Washington courts […]

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Baby Veronica: SCOTUS Rules

Review the Court’s reasoning and learn what comes next for the parties in Adoptive Couple v. Baby Girl. Remember that your children are not your own, but are lent to you by the Creator. — Native American Proverb The story of 4-year-old Baby Veronica in Adoptive Couple v. Baby Girl, 2013 WL 3184627 was lost […]

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SCOTUS Approves Use of Pre-Miranda Silence as Evidence of Guilt

Learn more about the Salinas v. Texas ruling and how it could affect cases in Washington. On June 17, 2013, the Supreme Court of the United States continued its stream of criminal procedure holdings, this time “holding” that the prosecutor’s use of a defendant’s pre-Miranda silence as evidence of guilt does not violate the defendant’s Fifth […]

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SCOTUS Gives Green Light to Pre-conviction Warrantless DNA Collection

Explore the Maryland v. King decision, dissent, and impact on Washington law. Last week, the Supreme Court of the United States weighed in for the first time on DNA cheek swabs collected incident to arrest before conviction. Maryland v. King, 133 S. Ct. 1958 (2013), held 5–4 that such a practice was akin to standard […]

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SCOTUS Clarifies DUI Blood Draw Warrant Requirement

A look at Missouri v. McNeely and its impact for practitioners in Washington state. Last week, the United States Supreme Court filed its opinion in Missouri v. McNeely, No. 11-1425, 2013 WL 1628934 (U.S. Apr. 17, 2013). This decision was widely publicized with headlines proclaiming that the Court now requires warrants for blood draws. Despite these headlines, that is […]

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50 years after Gideon: should the right to counsel be expanded?

Pre-trial proceedings, like bail hearings, are critical in criminal cases. Should the right to counsel be expanded to cover them? Last month marked the 50-year anniversary of the seminal U.S. Supreme Court Case Gideon v. Wainwright, 372 U.S. 335, 83 S. Ct. 792 (1963), where the Court held that the Sixth Amendment to the U.S. Constitution provided […]