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Supreme Court Rejects Cause of Action Under Bivens Against Border Patrol Agent

Constitutional Law Reporter

Supreme Court held that the authority of a court to imply a cause of action under Bivens v. While the Court did not overrule Bivens , it did emphasize that recognizing a Bivens cause of action is “a disfavored judicial activity.”. Respondent Robert Boule owns a bed-and-breakfast—the Smuggler’s Inn—in Blaine, Washington.

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Border agents, the First Amendment, and the continued vitality of Bivens

SCOTUSBlog

Boule considers whether to “extend” the Bivens cause of action to First Amendment retaliation claims and Fourth Amendment claims arising from immigration enforcement near the U.S.-Canada citizen who owns and runs the Smuggler’s Inn, a bed-and-breakfast abutting the Canadian border in Blaine, Washington. Canada border.

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TURKEY TORTS (2020)

JonathanTurley

In celebration of Thanksgiving, I give you our annual Turkey Torts of civil and criminal cases that add liability to libations on this special day (with past cases at the bottom). Indeed, the torts and crimes recorded this year seem painfully reminiscent of this loathsome year. The result is a horn of plenty for litigators.

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Update: Upcoming Hearings on Motions to Dismiss Climate Change Nuisance Cases in California and New York

ClimateChange-ClimateLaw

Climate change nuisance litigation is entering a new and dynamic phase. The decisions on these motions could influence pending and future litigation in the same vein – lawsuits seeking damages, compensation or abatement funds to alleviate the costs borne by local governments to adapt to climate change impacts. By Michael Burger.

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Mopping up final business with 14 new relists

SCOTUSBlog

Washington , 19-333 , involves whether a state can compel a floral designer to arrange flowers to celebrate same-sex weddings. In government-facing litigation, the government’s petition in Becerra v. We finish with good old private litigation. Washington , 19-333. Arlene’s Flowers Inc. Dignity Health, Inc. New Relists.

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November 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Supreme Court Invited Solicitor General to Weigh in on Wyoming and Montana’s Case Against Washington for Denying Port Access for Coal.

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July 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Supreme Court Denied Montana and Wyoming’s Challenge to Washington Actions that Barred Coal Exports. Washington , No.

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