Above The Law

DECEMBER 28, 2022

The majority of the Supreme Court is once again shifting their interpretation of the law in order to support right-wing political objectives! More law schools are kicking USNWR rankings to the curb. We're now at 10 percent of law schools that say they will not participate in the ranking process. ABA Journal ].

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Law School Finance Constitutional Law Court Decisions 78

JonathanTurley

JULY 4, 2021

Below is my column in USA Today on the Supreme Court’s rejection of the challenge to the Arizona’s new election rules. The 6-3 decision undermines the claims raised in the new challenge to Georgia’s election law. The 6-3 decision upheld Arizona’s new voting rules in Arizona over claims of racial discrimination.

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Laws Court Attorney Statute 47

Constitutional Law Reporter

NOVEMBER 28, 2022

In the 2003 decision, the Court ruled that the University of Michigan Law School’s race-sensitive admissions program was narrowly tailored because the consideration of race was merely one factor in the decision-making process and individualized consideration was given to each applicant. Bollinger , 539 U.S. 306 (2003).

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Constitutional Law Statute Education Court Rules 52

Constitutional Law Reporter

JANUARY 19, 2023

In Arizona et al. Arizona and 18 other States moved to intervene to challenge the district court’s ruling, arguing that the federal government would not defend the Title 42 orders as vigorously as they might. The post SCOTUS Leaves Title 42 in Place Temporarily appeared first on Constitutional Law Reporter.

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Court Decisions Court Constitutional Law Government 59

LLRX

NOVEMBER 16, 2022

Stefanie Lindquist Foundation Professor of Law and Political Science, Arizona State University, answers critical questions including: does an indictment – or even a felony conviction – prevent a presidential candidate from running or serving in office?

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Felony Legal Legal Laws 80

JonathanTurley

DECEMBER 29, 2023

So here is the list to see if you are residing in an anti-free speech state: Arizona Colorado Connecticut Delaware Hawaii Illinois Maine Maryland Massachusetts Michigan Minnesota Nevada New Jersey New Mexico, New York Oregon Pennsylvania Rhode Island Vermont Washington Wisconsin District of Columbia Here is the brief: Missouri v.

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Government Attorney Court Constitutional Law 80

JonathanTurley

MARCH 28, 2024

Many of us had predicted this result given the prior precedent of the Supreme Court on the federal preemption of state immigration laws. ” I also previously discussed how this interpretation would fail due to the text, intent, and history of the underlying constitutional provision. United States , 567 U.S.

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Constitutional Law Reporter

MARCH 10, 2022

The issues before the Court involved Native American law and immigration. United States : The case involves the Constitution’s double jeopardy clause and how it applies toa prosecution in the Court of Indian Offenses. Supreme Court recently returned to the bench for its February sitting. Cabazon Band of Mission Indians , 480 U.S.

Immigration 52

Immigration Constitutional Law Drafting Court 52

JonathanTurley

FEBRUARY 5, 2024

The courts have left few options for either the states or Congress in compelling the enforcement of federal law. The seeds of this disaster were planted by the Supreme Court over a decade ago, in Arizona v. There is a difference between the colloquial and constitutional meaning of such terms. if not earlier.

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Constitutional Law Reporter

JANUARY 25, 2024

1770 (2022), the Supreme Court held that that the provision contravened Congress’s constitutional authority to “establish…uniform Laws on the subject of Bankruptcies,” U.S. The post SCOTUS Kicks Off January 2024 Session With Five Cases appeared first on Constitutional Law Reporter. In Siegel v.

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Immigration Government Court Manufacturing 52

JonathanTurley

SEPTEMBER 11, 2023

It is the “why not” approach to criminal and constitutional law. While the report expressly claims that the Fulton County District Attorney’s office did not create the list, it was the office of Fani Willis that presented the law, the evidence and potential targets to the special grand jury. and Maurice C.

Constitutional Law 62

Constitutional Law Lawyer Lawyers Law School 62

Constitutional Law Reporter

FEBRUARY 27, 2023

She subsequently reported Counterman to law enforcement. Law enforcement arrested Counterman on May 12, 2016, and charged him one count of stalking (credible threat), section 18-3-602(1)(b) ; one count of stalking (serious emotional distress), section 18-3-602(1)(c) ; and one count of harassment, section 18-9-111(1)(e), C.R.S.

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Court Constitutional Law Laws Attorney 52

JonathanTurley

MAY 25, 2021

We have been discussing the state laws requiring contractors and employees to swear that they do not support the the Boycott, Divestment, Sanctions (“BDS”) movement against Israel. I have long maintained that the law is unconstitutional as a limitation of free speech and associational rights. 50-5-85(b). ” O.C.G.A.

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Court Rules Contract Laws Court 37

SCOTUSBlog

APRIL 14, 2021

Both reshaped American law and society. Ask any constitutional law student to name the most iconic Supreme Court decision, and they’ll probably answer Marbury v. Marshall found the Constitution paper; and he made it power,” President James Garfield wrote. Arizona ), voting rights ( Baker v. Board of Education.

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Court Education Constitutional Law Court Decisions 105

JonathanTurley

JULY 9, 2022

Greg Abbott signed an order allowing Texas law enforcement to return illegal immigrants apprehended in the state back to the U.S. Whether such state enforcement is constitutional will be hashed out in the courts in light of the 2012 decision in Arizona v. United States. Indeed, in this month’s ruling in Biden v.

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Immigration Government Court Laws 33

JonathanTurley

JANUARY 3, 2024

justices as being, in the words of law professor Cass Sunstein, “ illegitimate, undemocratic, and unprincipled.” At the time, another rising star in Republican legal circles was getting her start as a young law firm associate. Wade while upholding more stringent state abortion laws. This is one of those cases.

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SCOTUSBlog

JUNE 27, 2022

Arizona does not provide a basis for civil damages under 42 U.S.C. The majority’s decision both hobbles Miranda ’s enforceability and unceremoniously strips the Constitution’s Fifth Amendment right against compelled self-incrimination of Miranda ’s prophylactic protection, heretofore regarded as criminal procedure canon in American law.

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Court Constitutional Law Government Statute 101

JonathanTurley

MAY 10, 2022

The latest such ruling comes from the Arizona Supreme Court which ruled that Democrats could not prevent Rep. as prescribed by law,” and does not include the Disqualification Clause, a legal proscription from holding office. . Yet, scholars like Harvard Professor Laurence Tribe have endorsed this sweeping interpretation.

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JonathanTurley

OCTOBER 13, 2023

We’re going to get the liberal 9th Circuit to kick Trump off the ballot in Montana, Idaho, Nevada, and Arizona. I’m still pursuing decisions in the liberal appellate courts and there’s a full blown trial scheduled for October 20 in New Hampshire and a bench trial in Arizona on October 31.”

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Court Lawyer Lawyers Attorney 50

JonathanTurley

SEPTEMBER 28, 2021

Wojcicki explained that “[w]hen we work with governments, there are many things that we have to take in consideration, whether it’s local laws or what’s happening on the ground.” Nevertheless, CEO Susan Wojcicki bizarrely claimed in a Bloomberg interview Bloomberg Television that free speech remains a “core value” for the company.

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Government Laws Constitutional Law 37

JonathanTurley

OCTOBER 28, 2022

The panic over free speech breaking out on a single social media site is shared by journalism and law professors. These companies are only able to sell censorship because they have largely been able to bar free speech competitors. Now there may be an alternative. Twitter is to be taken over by the evil Sith lord.”

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Laws Constitutional Law Legal Legal 54

JonathanTurley

DECEMBER 9, 2021

The exchange occurred as Taub was being questioned on the meaning of “sectarian” under the law. Almost a dozen states (including Idaho, Oklahoma, Tennessee, Texas, Iowa, New Hampshire, South Carolina, Arizona, and North Dakota) have passed legislation to bar CRT and roughly a dozen more are considering such legislation.

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Education Attorney Laws Litigation 40

JonathanTurley

NOVEMBER 3, 2021

The law is notably neutral on content. In that case, the court ruled unanimously that an Arizona ordinance was unconstitutional. The content-based regulation triggered “strict scrutiny” analysis requiring that the government must demonstrate that the law has been “narrowly tailored” to serve a “compelling interest.”.

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Court Rules Laws Court Government 35

JonathanTurley

JANUARY 20, 2022

It did not make discrimination lawful or, in any way, limit access to the courts. However, laws can still be challenged before elections as discriminatory. That 6-3 decision upheld Arizona’s ban on ballot harvesting or collection and its ban on out-of-precinct voting. Holder , 570 U.S.

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Laws Court Litigation Litigating 39

JonathanTurley

FEBRUARY 27, 2023

Ohio, a 1969 case involving “violent speech,” the court struck down an Ohio law prohibiting public speech that was deemed as promoting illegal conduct. granted a preliminary injunction on the basis that “the Hateful Conduct Law” is blatantly unconstitutional, which it most certainly is. Law § 394-ccc(1)(a)]. Likewise, in RAV v.

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Government Laws Court Constitutional Law 48

JonathanTurley

JANUARY 20, 2021

Chris Collins as well as Joe Arpaio, the highly controversial former sheriff of Maricopa County, Arizona. That pattern continued on his last day with pardons for former Arizona Rep. Rick Renzi of Arizona who convicted of extortion, bribery, insurance fraud, money laundering, and racketeering. Duncan Hunter and former GOP Rep.

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Attorney Finance Drafting Court 39

JonathanTurley

MAY 5, 2021

In what could be called Zuckerberg’s “He Who Must Not Be Heard” standard, Facebook blocked an interview of Trump with his daughter-in-law Lara Trump. Thus, if Trump whispered his answers to his daughter-in-law, she could say the words. The company declared that it would censor any content “in the voice of Donald Trump.”

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Government Law School Laws Constitutional Law 50

JonathanTurley

JULY 4, 2022

This week, Arizona Democrats pushed a “ F–k the Fourth Event” and told people to “Bring comfortable shoes, water, lawn chairs, posters, and your anger.” Madison in 1803, when the court ruled that it must be the final arbiter of what the law means. Americans believe in the rule of law; it is in our political DNA.

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Court Rules Court Laws Court Decisions 42

JonathanTurley

JULY 5, 2021

DA Steele is unapologetic and insists he was trying to show that “no one is above the law — including those who are rich, famous and powerful.” Democratic National Committee , an Arizona case in which the U.S. Likewise, Biden falsely claimed Georgia’s law prevents voters in line at polling places from getting water.

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Litigation Litigating Legal Legal 39

JonathanTurley

OCTOBER 23, 2022

There is an important ruling out of the United States Court of Appeals for the Ninth Circuit this week where a divided panel held that Kelli Ward, the Chair of the Arizona Republican Party and former senatorial candidate, cannot withhold her cell phone records from the January 6th Committee. That is quite sweeping.

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Court Litigation Litigating Constitutional Law 32

JonathanTurley

APRIL 23, 2022

There are similar efforts to block members like Arizona GOP Reps. Totenberg gave a green light to these constitutional claims despite both the constitutional text and history showing that the claims are meritless. Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University.

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Court Constitutional Law Government Laws 49

JonathanTurley

JUNE 24, 2022

On CNN’s “Erin Burnett OutFront, ” Harvard law professor Laurence Tribe declared that Trump can now be charged with the attempted murder of former Vice President Mike Pence “without any doubt, beyond a reasonable doubt, beyond any doubt, and the crimes are obvious.” He has been criticized for treating the law as endlessly malleable.

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Attorney Legal Legal Lawyer 36

JonathanTurley

FEBRUARY 17, 2022

We have previously discussed the trial, which began with the introduction of evidence that the New York Times editorial board ignored internal objections to publishing the 2017 column linking Palin to the 2011 shooting in Tucson, Arizona in which then-U.S. Gabrielle Giffords, D-Ariz was seriously injured.

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Litigation Litigating Court Lawyer 42

JonathanTurley

DECEMBER 27, 2020

Now, Harvard Law Professor and Bloomberg columnist has added a Trump-like call for the use of defamation lawsuit to combat “fake news.” Sullivan, sued for defamation and won under Alabama law. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press.

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Laws Tort Law School Court 41

JonathanTurley

FEBRUARY 26, 2021

Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University. They are being joined by an unprecedented alliance of academics, writers and activists calling for everything from censorship to incarceration to blacklists. You can find his updates online @JonathanTurley.

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Sports Laws Legal Legal 41

JonathanTurley

FEBRUARY 28, 2021

In this case, even Democratic senators like Kyrsten Sinema of Arizona and Joe Manchin of West Virginia have objected to the hike. It is the type of action that legislative process is designed address through deliberation and compromise. The filibuster forces such compromise. In the past, Democrats have recognized the value of that process.

Constitutional Law 56

Constitutional Law Laws 56

JonathanTurley

MAY 6, 2021

Joseph McConnell was killed while waterskiing after a boat rented in Arizona from an Air Force recreation center surged out of control because of a mechanical failure and hit him. Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University. For example, Lt.

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