Tag: us supreme court
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Federal judge sides with Mesa County school district in ex-student’s First Amendment claims
A federal judge concluded last week that Mesa County Valley School District 51 and three of its administrators did not violate the First Amendment rights of a former student when they imposed minor discipline in response to disruptive behavior. In the landmark 1969 decision of Tinker v. Des Moines Independent Community School District, the U.S. Supreme Court…
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Colorado leaders weigh next steps after Supreme Court rejects state ban on ‘conversion therapy’
Colorado leaders said they are weighing next steps after the U.S. Supreme Court on Tuesday rejected the state’s ban on “conversion therapy” for children, as critics and supporters cheered or lambasted the ruling. The court’s near-unanimous decision called the Colorado law, passed in 2019, an “egregious assault” on the First Amendment. It remains to be…
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Federal judge upholds constitutionality of Colorado campaign contribution limits
A federal judge upheld Colorado’s individual campaign contribution limits as constitutional on Thursday, finding that three Republican plaintiffs failed to prove the campaign finance framework violates their First Amendment rights. U.S. District Court Senior Judge John L. Kane recognized that Colorado’s limitations on individual contributions to state political candidates are among the lowest in the…
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Appeals court agrees defendant’s speech constitutionally protected against El Paso County judge
Colorado’s second-highest court agreed last week that a defendant’s critical statements toward an El Paso County judge were constitutionally protected and could not form the basis of a retaliation charge. A three-judge Court of Appeals panel concluded that, in context, Ashley Hernandez’s brief confrontation with District Court Judge Diana May in a courthouse elevator did…
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Federal judge dismisses malicious prosecution claim against former Denver prosecutor
A federal judge concluded on Monday that a former Denver prosecutor could not be sued for allegedly causing the arrests of two plaintiffs after they failed to appear for trial on the scheduled date, even though the trial had been postponed. Victoria Carbajal and Luis Leal first filed suit more than a decade ago, alleging…
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SCOTUS whisperer? Justice Carlos Samour may get second opportunity to turn state dissent into national precedent
For the second time in two years, Justice Carlos A. Samour Jr. occupies an unusual position: Having his dissent in a Colorado Supreme Court case potentially forming the basis of U.S. Supreme Court precedent. Earlier this week, the nation’s highest court accepted an appeal questioning whether plaintiffs may sue fossil fuel producers under state law…
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U.S. Supreme Court strikes down Trump’s tariffs, upending central plank of economic agenda
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WASHINGTON • The Supreme Court struck down President Donald Trump’s global tariffs on Friday, handing him a major loss on an issue crucial to his economic agenda. The 6-3 decision centers on tariffs imposed under an emergency powers law, including the sweeping “reciprocal” tariffs the president levied on nearly every other country. In imposing the…
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Appeals court shuts down path to challenge convictions if lawyer tells jury that defendant is guilty
Colorado’s second-highest court concluded on Wednesday that defendants cannot challenge whether the evidence was sufficient to sustain their convictions if their lawyer argues to the jury that it should find the defendant guilty. The U.S. Supreme Court has provided guidance in recent years about when criminal defense attorneys may intentionally concede their client’s guilt. In…
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10th Circuit judges recap do’s and don’ts for lawyers
Two members of the Denver-based federal appeals court spoke to attorneys on Monday about how to present cases effectively, and when it is helpful for outside entities to weigh in on pending appeals. Judges Robert E. Bacharach of Oklahoma and Gregory A. Phillips of Wyoming, who are both Barack Obama appointees to the U.S. Court…
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2025 Unfiltered: Colorado Supreme Court vacancy, surge in federal filings and more
This year was awash in legal news nationally, with federal courts taking an outsize role in responding to executive branch actions. In Colorado, that effect was evident, but it was not the only factor at play. Here are the top developments in 2025 from the state and federal judiciaries. Unexpected vacancy There was an unusual,…