Constitutional Law Reporter
OCTOBER 25, 2023
The Fifth Circuit Court of Appeals held that this funding structure violates Article I, Section 9 of the Constitution (the Appropriations Clause), which provides that “[n]o money shall be withdrawn from the Treasury, but in Consequence of Appropriations made by Law.” Please check back for updates.
Constitutional Law Reporter
FEBRUARY 28, 2024
Kirtz , 601 U.S. _ (2024), the U.S. Given that the United States, as a sovereign, is generally immune from suits seeking money damages unless Congress chooses to waive that immunity, the Court’s “clear statement” rule allows a suit against the government only when “the language of the statute” is “unmistakably clear” in allowing it.
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Constitutional Law Reporter
APRIL 2, 2024
United States scheduled for April 24, 2024. The issue before the Court is whether Idaho’s strict abortion law is preempted by the Emergency Medical Treatment and Labor Act (EMTALA) in situations where an abortion is necessary stabilizing treatment for an emergency medical condition.
Constitutional Law Reporter
MARCH 5, 2024
2401 (a)’s six-year statute of limitations, holding that that Corner Post’s APA claims “first accrue[d]” when the Board issued the rule in 2011-even though Corner Post did not open for business until seven years later. . Board of Governors of the Federal Reserve System : Petitioner Corner Post, Inc.
Constitutional Law Reporter
FEBRUARY 8, 2024
The Court’s Chevron decision established a bedrock principle of administrative law. Under Chevron , courts must defer to a federal agency’s reasonable interpretation of an ambiguous statute that the agency is charged with administering, even if they are inclined to rule another way. The cases before the Court, Relentless, Inc.
Constitutional Law Reporter
APRIL 10, 2024
Freed , 601 U.S. _ (2024), the U.S. In reaching its decision, the Court emphasized that Section 1983 provides a cause of action against “[e]very person who, under color of any statute, ordinance, regulation, custom, or us- age, of any State ” deprives someone of a federal constitutional or statutory right. In Lindke v.
Constitutional Law Reporter
JANUARY 25, 2024
Supreme Court returned from recess on January 4, 2024. ” Paragraph (1) of section 1229(a) requires a single notice document that contains all the information specified in the statute, including the “time and place” of proceedings. To kick off the session, the justices heard oral arguments in five cases.
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