Constitutional Cases
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Constitutional

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Service Employees International Union v. Department of Justice — Ninth Circuit Reinstates Stay of Order Barring Federal Ballot-Sequestration Demands and Prosecution Threats

On Election Day 2026, a majority of the Ninth Circuit en banc court reinstated a panel order staying a district court’s temporary restraining order that had barred federal officials from demanding ballot sequestration and threatening election officials with prosecution.

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Zacarias Bourgouin v. Christopher LaRose, et al. — Court orders immediate release because re-detention without notice or a hearing violated due process

The Southern District of California granted Zacarias Bourgouin’s habeas petition and ordered his immediate release under his preexisting parole conditions, holding that ICE violated due process by revoking his release and re-detaining him without notice, reasons, or an opportunity to be heard.

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Daniel Herrera Luna v. D. Marin, et al. — Habeas Petition Denied Because Detention Remains Within the Mandatory 90-Day Removal Period

The district court accepted the magistrate judge’s findings, conclusions, and recommendations as set forth in its order, denied the habeas petition, and dismissed the case without prejudice because the petitioner’s removal order became final less than 90 days earlier, making his detentio

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Ducor Telephone Co. v. Public Utilities Commission — Court Denies Writ Challenging Commission’s Original Cost Rate Base Valuation

The Court of Appeal denied Ducor Telephone Company’s petition for a writ of review challenging the Public Utilities Commission’s use of the original cost rather than fair market value methodology to value its rate base, holding the Commission acted within its discretion, committed no pre

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People v. Vasquez, H053023 (Cal. Ct. App. 6th Dist. Oct. 30, 2026) — Sexual-offense convictions affirmed, but gang-participation strike finding and sentence vacated for resentencing under current law

The Sixth District affirmed Manuel Vasquez’s eight sexual-offense convictions but vacated his gang-participation strike finding and entire sentence because the prosecution’s records established only the fact of his 2009 conviction, not the underlying facts showing it satisfied section 18

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Nicolas Ramon Recio Vasallo v. Warden, Mesa Verde Detention Facility — Court Adopts Findings and Recommendations, Grants Habeas Petition, and Orders Release After Due Process Violation

The Eastern District of California adopted findings and recommendations in full, granted an immigration detainee’s habeas petition, and ordered his immediate release after finding his re-detention without notice or a pre-deprivation hearing violated due process.

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The People v. Branden Ferguson — Upper-Term Sentences Vacated Because Ferguson Did Not Personally Waive a Jury Trial on the Aggravating Factors Relied On at Sentencing

The Fifth District Court of Appeal vacated Branden Ferguson’s sentences in two Kern County cases because the trial court imposed an upper term using aggravating factors on which Ferguson had not personally waived his jury-trial right, and the error was not harmless beyond a reasonable doubt.

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