Constitutional Law Reporter

OCTOBER 19, 2022

In the wake of its controversial 2021 term, all eyes will be on the Supreme Court when the justices return to the bench in October. Harper , an elections case out of North Carolina that involves how much oversight state courts may exercise over federal elections. Supreme Court’s decision in Rucho v. I § 4, cl.

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Constitutional Law Reporter

OCTOBER 4, 2022

Supreme Court begins its new term next month, the justices will hear two potential landmark cases involving affirmative action. University of North Carolina , involve the use of race in the undergraduate admissions process. The primary issue in both cases is whether the Court should reverse its decision in Grutter v.

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SCOTUSBlog

JUNE 27, 2022

Share At last Thursday’s conference, the justices considered several high-profile petitions for review, involving issues like New York’s vaccine mandate for health-care workers, whether to overrule the court’s landmark decision in New York Times v. The justices denied review in Coral Ridge Ministries Media v.

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SCOTUSBlog

MARCH 21, 2022

Share With all eyes focused on the nomination hearing for Judge Ketanji Brown Jackson, selected by President Joe Biden to succeed the retiring Justice Stephen Breyer, the Supreme Court was back to work on Monday morning. The state’s legislature passed the voter-ID law at the center of the case in December 2018. In Berger v.

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Constitutional Law Reporter

SEPTEMBER 25, 2023

University of North Carolina , the U.S. Supreme Court struck down the college admissions programs of Harvard University and the University of North Carolina. The Court held that the raced-based policies violated the Constitution’s Equal Protection Clause. In Students for Fair Admissions v.

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JonathanTurley

MARCH 31, 2024

There is a curious resolution of a civil right complaint against University of Minnesota Law School over a diversity fellowship sponsored by the law firm of Jones Day. Despite being created by a law firm and administered by a law school, the fellowship violated federal law in excluding white and male applicants.

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SCOTUSBlog

JUNE 23, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. This week’s conference represents the Supreme Court’s last currently scheduled conference. Last November, the North Carolina legislature enacted a new map for congressional elections in response to the 2020 U.S.

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Constitutional Law Reporter

APRIL 4, 2022

Supreme Court heard oral arguments in four cases last week, it was missing hospitalized Justice Clarence Thomas. The issues before the Court included challenges to North Carolina’s voter ID law, the waiver of arbitration agreements, and international child custody disputes. Concepcion , 563 U.S. Luxshare, Ltd.:

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Constitutional Law Reporter

NOVEMBER 28, 2022

Supreme Court had a busy week, hearing oral arguments in five cases. University of North Carolina, which are poised to determine the role of affirmative action in college admissions. The primary issue in both cases is whether the Court should reverse its decision in Grutter v. Harvard College and SFFA v. 306 (2003).

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JonathanTurley

OCTOBER 24, 2021

Many observers are waiting for the United States Supreme Court to decide whether to delve again into college admissions with a pending case out of Harvard University in which Asian and white students claim discrimination. ” The case will now go to the United States Court of Appeals for the Fourth Circuit. Judge Loretta C.

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JonathanTurley

NOVEMBER 16, 2023

I am happy to announce the publication of my latest law review article, The Unfinished Masterpiece: Compulsion and the Evolving Jurisprudence Over Free Speec h. The work not only discusses the recent 303 Creative ruling of the Supreme Court, but an important case now pending before the Court for possible review, Porter v.

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JonathanTurley

JULY 8, 2021

This trend has reached law schools, which is ominous since these students are the future judges and lawyers who are expected to defend these core principles. From high schools through law schools, free speech has gone from being considered a right that defines our society to being dismissed as a threat. But I know it when I see it.”.

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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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SCOTUSBlog

JULY 28, 2022

Share When the Supreme Court ended the constitutional right to abortion in Dobbs v. The Dobbs majority opinion was the third-longest Supreme Court opinion since the beginning of the 1946-47 term, according to our analysis. Both trends could further diminish perceptions of a collegial and productive court.

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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

AUGUST 21, 2023

There is a spirited debate growing among law professors over the claim that former president Donald Trump is disqualified under the 14th Amendment from holding office. Various law professors have argued that Trump is already barred, even without a charge or conviction for insurrection or even incitement. 6 attack on the U.S.

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JonathanTurley

OCTOBER 31, 2022

University of North Carolina. Here is the column: Forty-four years ago, the Supreme Court was the center of a raging protest by thousands as the justices took up the case of Regents of the University of California v. In Bakke, the court ruled against affirmative action in a fractured decision.

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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. University of North Carolina.

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The Crime Report

NOVEMBER 19, 2021

When Berkeley Law School Dean and constitutional scholar Erwin Chemerinsky taught Criminal Procedure in the Fall of 2019, he became frustrated when he realized many of the cases that were the subject of his lectures ended with the police winning and the rights of suspects losing. CHEMERINSKY: I think you’re asking two things.

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JonathanTurley

JANUARY 30, 2022

Below is my column in the Wall Street Journal on President Joe Biden’s promise almost two years ago that he would only consider a black female for the first vacancy on the Supreme Court. The three leading candidates are Justice Leondra Krueger of the California Supreme Court, U.S. That is not true.

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JonathanTurley

APRIL 26, 2022

Now, the United States Supreme Court has denied a request for emergency intervention in the case. The Court may still review the admissions changes and three justices are already signaling that they would like to do so. There is a general preference for regular order in allowing lower courts to be heard.

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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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JonathanTurley

FEBRUARY 7, 2022

Below is my column in the Hill on the frenzy of gerrymandering in various states and the selective condemnation of President Joe Biden of such practices in North Carolina. But the North Carolina decision could seriously undermine Democratic plans in other states to rig elections and gain seats in Congress.

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JonathanTurley

OCTOBER 13, 2023

One thing, however, we agree upon: it is time for the federal courts to rule on this theory to bring clarity to the election. That may now occur in West Virginia where Attorney General Patrick Morrisey wants a federal court to throw out a lawsuit attempting to remove Donald Trump from the ballot in the state. Castro received a J.D.

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Constitutional Law Reporter

FEBRUARY 27, 2023

Supreme Court recently granted certiorari in Counterman v. 723 (2015), but ultimately decided the case before reaching the constitutional issue. She subsequently reported Counterman to law enforcement. The Colorado Court of Appeals affirmed the conviction. The justices previously agreed to address the issue in Elonis v.

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JonathanTurley

JUNE 29, 2023

After months of dire predictions of a coup in the making, the Court overwhelmingly rejected the underlying “independent state legislature,” as some of us predicted. Harper, in which North Carolina legislators argued that state courts could not override state legislatures on federal election districts.

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JonathanTurley

JULY 7, 2023

The last week’s historic decisions from the Supreme Court led to an array of factual objections from critics. That is not the case with a mathematical challenge raised to the dissent of Justice Ketanji Brown Jackson in the North Carolina affirmative action case. Those mistakes, however, had little impact on the reasoning.

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JonathanTurley

NOVEMBER 20, 2023

Law schools are also facing controversial mandates. In 2022, the American Bar Association required law schools to “provide education to law students on bias, cross-cultural competency, and racism: (1) at the start of the program of legal education, and (2) at least once again before graduation.” He later apologized.

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JonathanTurley

JANUARY 27, 2022

Below is my column in the Hill on the Supreme Court accepting two cases dealing with racial preferences in college admissions. Here is the column: Last year, I wrote about the Supreme Court’s “train whistle” docket with cases on abortion, guns, immigration, and other issues barreling down the track. University of North Carolina.

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JonathanTurley

JULY 12, 2022

In a series of tweets this week, Professor Heidi Li Feldman has denounced “lawless” and “actively rogue” Supreme Court justices and professors who disagree with her views on the Constitution. She has called for “genuine” law professors not to fall “into complicity with lawlessness” in teaching such subjects.

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JonathanTurley

JUNE 30, 2023

The decision of the Supreme Court to end the use of race in college admissions was not unexpected. Indeed, the rulings in cases involving Harvard and the University of North Carolina ended decades of muddled 5-4 decisions. In barring the use of race in admissions, the Court believed that it was protecting that very guarantee.

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JonathanTurley

JULY 8, 2022

It was always doubtful that a law school would take the unprecedented step of barring a sitting Supreme Court justice. The problem is that most targets of these campaigns have neither the status nor the day job of a Supreme Court justice. Here is the column: Clarence Thomas last week became cancel culture’s latest target.

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JonathanTurley

SEPTEMBER 17, 2022

The keynote address will cover “ Emerging Cases and Controversies Before the Roberts Supreme Court.” ” It is a particular privilege to address the conference on Constitution Day. We are experiencing a crisis of faith in our Constitution, including attacks on the Court and individual justices.

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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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Above The Law

FEBRUARY 2, 2023

appeared first on Above the Law. ‘What a relief to have nothing to say, the right to say nothing, because only then is there a chance of framing the rare, or ever rarer, the thing that might be worth saying.’ - Gilles Deleuze, Negotiations The post Hey Judge, I Thought That State-Compelled Speech Was A No No?

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JonathanTurley

MARCH 20, 2021

We recently discussed the case of University of North Carolina law student Sagar Sharma, a student of color, who faced a recall election as the first-year class co-president. The charges are connected to the prior controversy and raise serious free speech and retaliatory concerns at the law school. .

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SCOTUSBlog

NOVEMBER 30, 2021

Jackson Women’s Health Organization , the potentially momentous abortion case concerning a Mississippi law banning abortion after 15 weeks of pregnancy. Numerous groups attack the viability standard that the court adopted in Roe v. Many amici focus on the principle of stare decisis – and urge the court not to follow it in this case.

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