Constitutional Law Reporter

APRIL 18, 2023

Sturgis Public Schools , 598 U.S. _ (2023), the U.S. In reaching its decision, the Court noted that the parties offered very different interpretations of §1415( l ). After concluding that §1415( l ) did not preclude Perez’s ADA lawsuit, it remanded the matter back to the lower court. In Perez v.

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Constitutional Law Reporter

MAY 10, 2023

Supreme Court has concluded its oral arguments for the 2022-2023 Term. The Court’s final week included four cases, with issues ranging from bankruptcy to RICO to government takings. Below is a brief summary of the issues before the Court: Lac du Flambeau Band of Lake Superior Chippewa Indians v.

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Government Statute Court Legal 59

Constitutional Law Reporter

APRIL 11, 2023

Pennsylvania and Wisconsin , 598 U.S. _ (2023), the U.S. Supreme Court held that uncashed MoneyGram checks are governed by the Disposition of Abandoned Money Orders and Traveler’s Check Act (FDA) and should be returned to the state where they were issued. In Delaware v. It was Justice Ketanji Brown Jackson’s first opinion.

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Constitutional Law Reporter

JULY 19, 2023

Colorado , 600 U.S. _ (2023), the U.S. Supreme Court held that to establish that a statement is a “true threat” unprotected by the First Amendment, the state must prove that the defendant had some subjective understanding of the statements’ threatening nature, based on a showing no more demanding than recklessness. In Counterman v.

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Mens Rea Court Constitutional Law Statute 52

Constitutional Law Reporter

JULY 12, 2023

Texas , 599 U.S. _ (2023), the U.S. Supreme Court ruled that Texas and Louisiana lacked standing to challenge a Biden Administration immigration enforcement policy. The Constitution affords federal courts considerable power, but it does not establish ‘government by lawsuit,’” Gorsuch wrote. In United States v.

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Constitutional Law Reporter

MAY 30, 2023

Supreme Court’s decision in Axon Enterprise, Inc. Federal Trade Commission , 598 U.S. _ (2023), allows federal district courts to consider constitutional challenges to administrative proceedings prior to the issuance of final rulings. Cochran’s and Axon’s suits were both dismissed for lack of jurisdiction.

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Constitutional Law Reporter

MARCH 14, 2023

Buckley , 598 U.S. _ (2023), the U.S. Supreme Court held that debts incurred by fraud can’t be discharged in a Chapter 7 bankruptcy, even if a debtor wasn’t culpable for the fraud. Justice Amy Coney Barrett wrote on behalf of the unanimous Court. In Bartenwerfer v.

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Constitutional Law Reporter

AUGUST 28, 2023

600 U.S. _ (2023), the U.S. Supreme Court upheld the constitutionality of state laws requiring corporations operating within their borders to consent to personal jurisdiction when they register to do business in those states. According to the Court, such laws do not offend the Constitution’s Due Process Clause.

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Constitutional Law Reporter

AUGUST 2, 2023

Nebraska , 600 U.S. _ (2023), the U.S. Supreme Court struck down the Biden Administration’s student loan forgiveness program. Supreme Court’s Decision By a vote of 6-3, the Supreme Court agreed with the states that the HEROES Act does not authorize the loan cancellation plan. In Biden v.

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Constitutional Law Reporter

JULY 25, 2023

Elenis , 600 U.S. _ (2023), a divided U.S. Supreme Court held that the First Amendment prohibits Colorado from forcing a website designer to create expressive designs speaking messages with which the designer disagrees. Today, this court shrinks.” In 303 Creative LLC v. to reserve from all official control.” Until today.

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