Constitutional Law Reporter

JUNE 22, 2021

Supreme Court unanimously held that a tribal police officer has the authority to detain temporarily and to search non-Indian persons traveling on public rights-of-way running through a reservation for potential violations of state or federal law. Supreme Court’s Decision. Breyer wrote on behalf of the unanimous Court. “We

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JURIST

DECEMBER 13, 2022

The Iowa District Court for Polk County Monday upheld a permanent injunction on S.F. 359 , a 2018 law restricting abortion at about six weeks, once an abdominal ultrasound can detect fetal cardiac activity. Jackson Women’s Health Organization , the US Supreme Court overturned Roe v. In Dobbs v.

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Constitutional Law Reporter

FEBRUARY 23, 2021

According to the Court, a country’s alleged taking of property from its own nationals does not fall under Foreign Sovereign Immunities Act’s expropriation exception, which applies to “property taken in violation of international law.”. District Court against Germany and SPK (collectively Germany). Supreme Court’s Decision.

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Constitutional Law Reporter

AUGUST 2, 2021

Supreme Court struck down a California law requiring charitable organizations to disclose the names and addresses of their major donors. According to the majority, the disclosure law ran afoul of the First Amendment. Supreme Court’s Decision. In Americans for Prosperity Foundation v. United States v.

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Constitutional Law Reporter

MARCH 9, 2021

S. _ (2021), the Supreme Court ruled that the Federal Tort Claims Act barred college student James King’s claims of police brutality. The Court unanimously held that the district court’s dismissal of King’s claims under the FTCA triggered the “judgment bar” in 28 U.S.C. In Brownback v.

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JonathanTurley

OCTOBER 7, 2022

I previously wrote about the latest New York gun law passed after the Court’s ruling in New York State Rifle and Pistol Association v. Suddaby issued a temporary restraining order against a substantial part of the law, including barring the provisions previously discussed as presumptively unconstitutional.

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JURIST

FEBRUARY 14, 2023

The protest was explicitly scheduled for Monday in response to the beginning of the legislative process to implement the government’s reforms. Yesterday the Knesset’s constitution, law, and justice committee scheduled votes on two bills.

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JonathanTurley

MARCH 26, 2022

It is important to note that Republicans have also had courts rule against them in states like North Carolina and Pennsylvania). The court found that, in their 2021 Congressional Plan, the Democrats not only violated Maryland law but the state constitution’s equal protection, free speech and free elections clauses.

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JURIST

MAY 27, 2024

JP Leskovich is a rising 3L at the University of Pittsburgh School of Law and JURIST’s News Managing Editor. This is the third in a series of dispatches he’s filed as an embedded reporter for JURIST at the Model Constitutional Convention sponsored by the Center for Constitutional Design at ASU Law. New London.

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JonathanTurley

SEPTEMBER 30, 2021

government is liable for wrongfully arresting six people between 2012 and 2014 for violating its ban on carrying handguns in public. It is the latest loss of the city, which continues to pass legislation that runs afoul of governing Supreme Court precedent. Lamberth issued an important decision on Wednesday that the D.C.

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JonathanTurley

DECEMBER 27, 2023

There are a number of new laws that will kick in in 2024, but one of the most interesting fights are likely to over the new California law requiring stores with more than 500 employees to carry “gender-neutral” toys over face state fines. The law , signed by Gov. In 2010, in Citizens United v. In 2014, in Burwell v.

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The Crime Report

JULY 6, 2022

Applying the regulatory approach used in the “free-world” has significant advantages over constitutional law in mitigating abusive conditions in prisons and jails, according to a paper published in the Yale Law Journal. Constitutional law does not fill the gap,” Littman writes. “[It

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JonathanTurley

MARCH 22, 2021

University of San Diego Law Professor Thomas Smith has been put under investigation for the use of an offensive term in a column criticizing the Chinese government and its role in the pandemic. It is clear a reference not to the Chinese people but the Chinese government. To be clear, I was referring to the Chinese government.”.

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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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JonathanTurley

JUNE 12, 2022

The NLRB quickly dismissed objections about compelled speech by the company if the government were to order the company to allow such political and social expression in the workplace. The General Counsel found that the company was violating federal law by preventing staff from wearing BLM imagery on their aprons.

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JonathanTurley

OCTOBER 6, 2022

130 The Government presents evidence that many recipients would remain without DACA, but that does not controvert Texas’s showing that some would leave.” Declining to prosecute does not transform presence deemed unlawful by Congress into lawful presence and confer eligibility for otherwise unavailable benefits based on that change.”.

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Constitutional Law Reporter

APRIL 10, 2024

Supreme Court ruled that public officials may be held liable for their social media activity in certain circumstances. The District Court found that because Freed managed his Facebook page in his private capacity, and because only state action can give rise to liability under §1983, Lindke’s claim failed. In Lindke v.

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JonathanTurley

SEPTEMBER 9, 2021

I discuss this type of failure to protect public forums in my forthcoming law review article, Jonathan Turley, Harm and Hegemony: The Decline of Free Speech in the United States , 45 Harvard Journal of Law and Public Policy (2021). CUNY Law Dean Mary Lu Bilek showed how far this trend has gone. Lawrence Khan, a U.S.

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JonathanTurley

APRIL 26, 2024

It has been almost 50 years since the high court ruled presidents have absolute immunity from civil lawsuits in Nixon v. The court held ex-President Richard Nixon had such immunity for acts taken “within the ‘outer perimeter’ of his official responsibility.” It was effectively a “Trust us, we’re the government” assurance.

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JonathanTurley

JANUARY 14, 2024

District Judge Kathryn Kimball Mizelle has ruled that the federal law prohibiting people from possessing firearms inside post offices is unconstitutional. The ruling is based on 2022 Supreme Court ruling New York State Rifle & Pistol Association v. In Florida, U.S. 18 U.S.C. § That is all.

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Conflict of Laws

JULY 11, 2022

Summer School on the new Foreign Relations Law. The Summer School, which brought together 20 young scholars, was also the first step in a large-scale research project that Karen Knop will lead in the coming years as one of the first Max Planck Law Fellows. Foreign Relations Law as a law in between. Report on the.

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JonathanTurley

JANUARY 17, 2024

At issue is the continued meaning (or even viability) of the Chevron doctrine, the 40-year-old doctrine granting deference to federal agencies in regulations carrying out federal laws. In 1984, the Supreme Court ruled in Chevron U.S.A. The court went even further in Arlington v. The cases are Loper Bright Enterprises v.

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Constitutional Law Reporter

SEPTEMBER 19, 2023

Supreme Court held that the False Claims Act’s scienter element — which asks whether a defendant “knowingly” submitted a “false” claim to the government — refers to a defendant’s knowledge and subjective beliefs — not to what an objectively reasonable person may have known or believed. The Court’s decision was unanimous.

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JonathanTurley

DECEMBER 17, 2020

The first “technical change” would be to rescind the law. Notably, the law only allows for the sale or displays if they serve “an educational or historical purpose.” Tam the Court ruled against the government’s use of the disparagement clause of the Lanham Act. In Matal v. dissenting).

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JonathanTurley

AUGUST 19, 2021

There was a great deal of criticism of President Joe Biden’s press conference from his refusal to take questions on the Afghanistan situation to his calling for the use of Civil Rights laws to oppose any state laws barring mask mandates. Will the federal government effectively pay a pension? What if the teacher is fired?

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SCOTUSBlog

APRIL 17, 2023

DeJoy , the Supreme Court will consider whether to overturn a nearly 50-year-old precedent on how employers must accommodate their employees’ religious practices. In 1977, the Supreme Court ruled in Trans World Airlines v. Court of Appeals for the 3rd Circuit, which upheld that decision.

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JonathanTurley

FEBRUARY 5, 2024

Below is my column in The Hill on the worsening situation at the Southern border and how the Supreme Court laid the seeds for this crisis over a decade ago. The courts have left few options for either the states or Congress in compelling the enforcement of federal law. They have often found the courts closed to them.

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SCOTUSBlog

OCTOBER 28, 2022

Court of Appeals for the 8th Circuit ruled he cannot pursue a petition because he already filed a motion under Section 2255, which bars him from filing a successive petition, and he should have raised his claim earlier. In 2019, the court ruled in Rehaif v. In 2019, the court ruled in Rehaif v.

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Constitutional Law Reporter

APRIL 26, 2021

Supreme Court ruled in Tandon v. Accordingly, the Court granted an injunction pending disposition of the appeal in the Ninth Circuit Court of Appeals. The Court made four points in support of its decision. On April 9, 2021, the U.S. Newsom , 593 U. Facts of the Case.

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ClimateChange-ClimateLaw

APRIL 8, 2022

On February 8, 2022, the Chamber of Deputies of the Italian Republic gave its final approval to the proposed constitutional law A.C.3156-B 3156-B providing environmental protection amendments to Articles 9 and 41 of the Italian Constitution. By Riccardo Luporini, Matteo Fermeglia, and Maria Antonia Tigre.

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Constitutional Law Reporter

FEBRUARY 1, 2022

Department of Labor, Occupational Safety and Health Administration , the Court held that the vaccine-or-testing rule established by the U.S. Missouri , the Court ruled that the Centers for Medicare & Medicaid Services (CMS) rule should be allowed to take effect nationwide as the lower courts consider legal challenges.

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JonathanTurley

NOVEMBER 15, 2023

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. An appeal is now expected to proceed and the matter could well end up in front of the Supreme Court. Nothing says democracy like barring the choice of voters.

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JonathanTurley

APRIL 20, 2024

We now have a major decision out of the United States Court of Appeals for the Ninth Circuit that could prove an important precedent in resisting the growing anti-free speech movement in the United States. City of Seattle , the court ruled against Seattle in a case involving the arrest of a pro-life protester. In Meinecke v.

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JonathanTurley

JULY 11, 2023

While the Administration insists that it complied with a law that required Health and Human Services Secretary Xavier Becerra to make the reappointments personally, it later issued a retroactive reappointment for most of the directors after months of congressional inquiry. That, too, is not allowed under federal law.

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JonathanTurley

SEPTEMBER 2, 2022

The former law professor saw little problem with a president giving away hundreds of billions of dollars. As was the case under President Obama when he circumvented Congress, Warren and others are celebrating their own constitutional obsolescence. No branch is supposed to have enough power to govern alone.

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JonathanTurley

MAY 24, 2021

President Biden has spoken out often, eloquently and passionately against the “ugly poison” of discrimination and racism in our government. The government confirmed that $2.7 In 1989, the Supreme Court ruled that a minority set-aside program in Virginia was unconstitutional under the Equal Protection Clause.

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JonathanTurley

JUNE 1, 2021

As we await important and likely divided decisions on issues like abortion, Chief Justice John Roberts and his colleagues seem to be sending a message that the Court is not so rigidly ideological as Democratic members and activists suggest. Palomar-Santiago , an immigration decision that ruled for the government and against an immigrant.

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