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.

Criminal Law 69

Criminal Law Court Court Rules Attorney 69

SCOTUSBlog

APRIL 17, 2023

Federal law bars employers from firing workers for practicing their religion unless the employer can show that the worker’s religious practice cannot “reasonably” be accommodated without “undue hardship.” In 1977, the Supreme Court ruled in Trans World Airlines v.

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Stare Decisis Government Court Statute 112

JonathanTurley

MAY 25, 2021

50-5-85’s inclusion of “other actions that are intended to limit commercial relations with Israel” makes the statute impermissibly vague. As such, the Act restricts government contractors’ ability to participate in speech and other protected, boycott-associated activities recognized by the Supreme Court in Claiborne.

Court Rules 37

Court Rules Contract Laws Court 37

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.

Healthcare 52

Healthcare Court Constitutional Law Statute 52

JonathanTurley

NOVEMBER 14, 2021

At trial, however, prosecutor Thomas Binger at points seemed to be learning the governing law from Rittenhouse. However, the most damaging moment came outside of the presence of the jury when the judge drilled down on the law. It is also hard to instruct a jury on an ambiguous statute. I have a legal education.”

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Statute Misdemeanor Criminal Law Felony 57

JonathanTurley

OCTOBER 25, 2021

The comments reflect a growing call for states and the federal government to reject any religious exemptions for vaccination. Instead, the federal government must show that the burden imposed furthers a “compelling governmental interest” and is “the least restrictive means” of furthering that interest.

Government 41

Government Court Laws Law School 41

JonathanTurley

MAY 12, 2021

.” The language of the statute in my view is unconstitutional due to its sweeping criminalization of any “curse or abuse” that could “provoke a breach of the peace.” ” However, the appellate panel corrected noted that such laws are narrowly construed in light of controlling precedent.

Statute 39

Statute Misdemeanor Court Rules Court 39

JonathanTurley

NOVEMBER 12, 2021

That is when Klain again confidently rushed in where wiser government lawyers fear to tread. He announced that the White House had found a way to evade the constitutional limitations: “OSHA doing this vaxx mandate as an emergency workplace safety rule is the ultimate work-around for the Federal govt to require vaccinations.”.

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Court Statute Small Business Lawyer 38

SCOTUSBlog

DECEMBER 31, 2022

In court papers, she was identified only as “L.C.”. Four years later, her case reached the Supreme Court. In a 6-3 opinion by Justice Ruth Bader Ginsburg, the court ruled in Olmstead v. After leaving her position in New York state government, she taught at Fordham University School of Law until her retirement in 2011.

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Court Lawyer Lawyers Law School 82

JonathanTurley

SEPTEMBER 17, 2021

Not long after the ratification of our Constitution, the great Justice Joseph Story marveled “How easily men satisfy themselves that the Constitution is exactly what they wish it to be.” The Constitution is designed to be a type of waltz with a three rather than six-step pattern in our tripartite system of government.

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Court Laws Immigration Legal 38

JonathanTurley

SEPTEMBER 9, 2021

Free speech has always held a precarious position in Australia which does not have an equivalent to the First Amendment in guaranteeing free speech as a constitutional right. Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech. 47 U.S.C. §

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Tort Court Compensatory Damages Punitive Damages 33

ClimateChange-ClimateLaw

AUGUST 4, 2021

Washington Supreme Court Said Climate Activist Was Entitled to Present Necessity Defense Based on Evidence that Legal Alternatives Were Not “Truly Reasonable”. The court further found that EPCA’s legislative history did not support the plaintiff’s “expansive interpretation.” July 16, 2021); Indigenous Environmental Network v.

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