JonathanTurley

DECEMBER 28, 2023

The office of Secretary of State Jena Griswald issued a statement that, since the appeal was filed with the Supreme Court, Trump’s name will remain on the ballot “unless the U.S. Supreme Court declines to take the case or otherwise affirms the Colorado Supreme Court ruling.” Supreme Court.

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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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JonathanTurley

DECEMBER 22, 2023

Below is my column in The Messenger of the Colorado Supreme Court decision disqualifying former President Donald Trump from the 2024 election. Eleni Kounalakis publicly called upon the Secretary of State to “explore every legal option” to follow the same path as Colorado. In California, Lieutenant Gov.

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JonathanTurley

JULY 23, 2022

As various states move to pass controversial new gun control laws after the decision in New York State Rifle & Pistol Association v. Bruen, one such law was just enjoined by a federal court in Colorado. and Wyoming, correctly found that the law clearly ran afoul of the controlling precedent.

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Constitutional Law Reporter

APRIL 4, 2024

Supreme Court unanimously held in Trump v. Facts of the Case Six months before the March 5, 2024, Colorado primary election, four Republican and two unaffiliated Colorado voters filed a petition against former President Trump and Colorado Secretary of State Jena Griswold in Colorado state court.

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JonathanTurley

FEBRUARY 24, 2023

I have the pleasure of speaking this morning at the University of Maryland Law School as part of the Law Review’s annual symposium on constitutional law. I will be on the first panel at 10:15 at the law school. The Supreme Court could now be on a path to do precisely that in the case of 303 Creative LLC v.

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Constitutional Law Reporter

NOVEMBER 9, 2022

Supreme Court will hear oral arguments in 303 Creative LLC v. Because 303 Creative’s refusal to serve same-sex couples could run afoul of Colorado’s Anti-Discrimination Act (CADA), the company filed suit seeking a broad declaration that the Act violates the Company’s free speech and free exercise rights under the First Amendment.

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JonathanTurley

NOVEMBER 18, 2023

Colorado Judge Sarah Wallace has become the latest jurist to reject the effort to bar former president Donald Trump from the ballot under the novel 14th Amendment theory. It appears to the Court that for whatever reason the drafters of Section 3 did not intend to include a person who had only taken the Presidential Oath.” In NAACP v.

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Constitutional Law Reporter

JULY 25, 2023

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. The law defines “public accommodation” broadly to include almost every public-facing business in the State. The Tenth Circuit Court of Appeals affirmed.

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JonathanTurley

OCTOBER 11, 2023

On Labor Day, his bakery, Masterpiece Cakeshop in Colorado reached its 30th anniversary. He has now spent 11 years in court fighting for his right to refuse to make cakes that conflict with his religious beliefs. The case went all the way to the Supreme Court in what many of us hoped would be a final resolution of this conflict.

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JonathanTurley

JANUARY 25, 2024

Maine Secretary of State Shenna Bellows lost another attempt to force review of her disqualification “decision” before the United States Supreme Court hears arguments on the issue on Feb. The Maine Supreme Court declined to review the matter. A year after the riot , Bellows was still denouncing the “violent insurrection.”

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JonathanTurley

NOVEMBER 22, 2022

Lauren Boebert (R-CO) and Fox News host Tucker Carlson to face civil liability for their commentary on transgender policies or controversies after the recent tragic shooting in Colorado. With 382 saleswomen and models, the court found that the group was too large. The Court in cases like New York Times v. In Brandenburg v.

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Constitutional Law Reporter

FEBRUARY 27, 2023

Supreme Court recently granted certiorari in Counterman v. Colorado , which involves the standard for determining when statements are “true threats” that are not protected by the First Amendment. 723 (2015), but ultimately decided the case before reaching the constitutional issue. a singer-songwriter based in Colorado.

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JonathanTurley

FEBRUARY 8, 2024

This morning I will be joining the live coverage of the Supreme Court of the arguments over the disqualification of former President Donald Trump from the Colorado ballot under the 14th Amendment. We can expect the justices to focus on the three main questions before the Court: 1. Is section 3 self-executing?

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JonathanTurley

NOVEMBER 15, 2023

State Judge James Robert Redford rejected the challenge and found that the courts lack the claimed authority under the theory. Judge Redford also rejected the effort of Michigan Secretary of State Jocelyn Benson (D) under state law to remove candidates from the ballot based on that provision.

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SCOTUSBlog

OCTOBER 30, 2022

Share Last term at the Supreme Court teemed with culture-war issues: guns , religion , climate change , COVID vaccines , and of course abortion. In 1978 , 2003 , and 2016 , the court affirmed that universities may consider applicants’ race as part of an effort to foster diversity on campus. Start with affirmative action. In Haaland v.

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JonathanTurley

DECEMBER 21, 2023

” Those words from New York Times editorial board member Mara Gay on MSNBC captured the unhinged coverage of the Colorado Supreme Court’s disqualification of Donald Trump from the 2024 election. So those three Democratic appointees on the Colorado Supreme Court were just more confederate fellow travelers.

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JonathanTurley

JANUARY 27, 2023

Jack Phillip, the Colorado baker who brought the challenge in Masterpiece Cakeshop, Ltd. Colorado Civil Rights Commission has again lost an appeal in Colorado state court. The Colorado Court of Appeals ruled on Thursday that the refusal to make the cake requested by Autumn Scardina did not constitute free speech.

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JonathanTurley

SEPTEMBER 9, 2022

I have the honor of speaking today at the Tenth Circuit judicial conference in Colorado Springs, Colorado. I will be part of a panel discussing the Supreme Court’s recent religious freedom cases and related First Amendment issues. Lucero of the Tenth Circuit Court of Appeals. the Court handed down two major such rulings.

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JonathanTurley

SEPTEMBER 1, 2023

District Court for the Western District of Texas ruled that a Texas law requiring age-verification and warning labels about the alleged dangers of porn contravenes the First Amendment. The lawsuit challenged the Texas law, which was set to go into effect Sept. Senior U.S. District Judge David A. Ezra of the U.S.

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JonathanTurley

DECEMBER 29, 2023

Now, a filing in the Supreme Court supporting censorship efforts by the Biden Administration has supplied a handy list of the anti-free speech states for citizens. Not surprisingly, the state of California is leading the effort to get the Supreme Court to reverse a decision enjoining the government from censorship efforts.

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JonathanTurley

JULY 7, 2022

Many Democratic leaders have been speaking of absolute abortion rights , as reflected in states like Colorado which recognize the right to abortion until after birth at nine months. Indeed, while Democratic leaders denounced the Mississippi law setting a 15-week limit on abortion, 72 percent of those polled support that limit.

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JonathanTurley

JANUARY 5, 2024

These efforts show how this theory could place this country on a slippery slope to political chaos if not clearly and finally rejected by the Supreme Court. Of course, he ignores Democratic members who sought to block certification of Republican presidents under the very same law with no factual or legal basis. Scott Perry.

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JonathanTurley

JULY 27, 2021

There is a new ruling out of the United States Court of Appeals for the Tenth Circuit that could be headed for a major showdown in the Supreme Court. Elenis could force a hitherto evasive Court to rule directly on the conflict between anti-discrimination laws and the religious clauses. Colorado Civil Rights Commission.

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JonathanTurley

DECEMBER 4, 2023

Under Florida law, if the party approves only one name, there will be no primary ballots at all. In states from Colorado to Michigan, Democratic operatives are arguing that Trump must be taken off the ballots because he gave “aid and comfort” to an “insurrection or rebellion.” This is not unprecedented. 6 Capitol riot. and Maurice C.

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JonathanTurley

FEBRUARY 26, 2022

Below is my column in the Hill on the acceptance of a major new case by the Supreme Court on the issue of free speech and anti-discrimination laws. However, this case has the makings of a major course change for the Court. The court ultimately punted in that case, Masterpiece Cakeshop v.

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JonathanTurley

SEPTEMBER 23, 2023

It seems that we continue to struggle with a chief executive who goes on social media to personally attack judges who have ruled against his laws or policies. There are good-faith arguments that these bans contradict Supreme Court cases on the scope and meaning of the Second Amendment. No, it is not Donald Trump. Judge Roger T.

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JonathanTurley

JANUARY 2, 2024

Jamie Raskin raised eyebrows on Sunday with a CNN interview where he said that there may have to be action take if Justice Clarence Thomas does not recuse himself from pending appeals from the disqualification of Donald Trump from the Colorado and Maine ballots. Senate Minority Leader Sen. I want to tell you, Kavanaugh.

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JonathanTurley

OCTOBER 3, 2022

Below is my column in The Hill on the start of the new Term for the Supreme Court. ” Does that make the three liberals justices voting together on the Court the “judicial arm of the Democratic Party”? .” That is, of course, manifestly true for the highest court in the land. I was wrong. Of course not.

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JonathanTurley

MARCH 22, 2022

. “In passing on this nomination to the Supreme Court, we must also pass judgment on whether or not your particular philosophy is an appropriate one at this time in our history.” In her recent appellate court confirmation process, Jackson expressly refused to discuss her judicial philosophy. One of them was Jackson herself.

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JonathanTurley

JUNE 20, 2021

Below is my column in USA Today on the remarkably united and non-ideological line of cases handed down by the Supreme Court. As Democratic leaders demand to pack the Court to create a liberal majority, the Court itself appears to be speaking through these cases. Religious freedom upheld in court. For example,?

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JonathanTurley

JUNE 27, 2022

That world is already taking shape with states crafting their laws reflecting the values of their citizens from Colorado passing a law protecting the right to abortion up to the moment of birth to Louisiana banning all abortions except in limited circumstances. Below is my Hill column on what to expect in a post-Roe world.

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JonathanTurley

JUNE 26, 2022

When Dobbs was accepts, I wrote that for thirty years as a television and print legal analyst I have annually downplayed claims of commentators that a given case before the Court was a true threat to Roe. ” In the end, Chief Justice John Roberts cut a bit of a lonely figure in the mix of the court on the issue.

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JonathanTurley

APRIL 17, 2023

For years, the courts have struggled with this issue with bakers, photographers, and other businesses refusing to create products for same-sex weddings. The court largely punted the case on narrow grounds. After she lost before Tenth Circuit, she brought a challenge to the Supreme Court under both the religious and free speech clauses.

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JonathanTurley

JANUARY 12, 2024

” Putting aside the assumption that the executive branch would go along with the massive purge, the suggestion is that neither the Congress nor the courts would move to stop the killing or confinement of all reporters and LGBTQ citizens. Jonathan Turley is the Shapiro professor of Public Interest Law at George Washington University.

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JonathanTurley

JUNE 29, 2021

As we wait for the final cases from the Supreme Court this week, Monday was confined to orders of the Court, including the granting and denial of review of cases. That is hardly news on a Court that rejects most petitions for a writ of certiorari. This week, the Mexican Supreme Court decriminalized recreational use of marijuana.

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JonathanTurley

MAY 17, 2023

Des Moines, the Supreme Court famously declared that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Many on the left are supporting Colorado in a major free speech case before the Supreme Court: 303 Creative v. An estimated seven percent of U.S. In Tinker v.

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