JonathanTurley

OCTOBER 13, 2023

Legal academics are divided on the new popular theory that former President Donald Trump can be removed from ballots under Section 3 of the Fourteenth Amendment. One thing, however, we agree upon: it is time for the federal courts to rule on this theory to bring clarity to the election. According to these experts, Jan.

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JonathanTurley

JUNE 8, 2021

In a letter, the court found a basis for a temporary injunction to allow Cross to return until Dec. 31 pending further orders of the court. School staff shall, at the request of a student or parent/legal guardian, when using a name or pronoun to address the student, use the name and pronoun that correspond to their gender identity.”.

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JonathanTurley

JULY 3, 2022

In a rare move, Supreme Court Marshal Gail Curley has sent letters to Maryland Gov. Larry Hogan, Montgomery County Executive Marc Elrich, and Virginia Gov. The letter seeks to use state laws to achieve what the Justice Department has clearly rejected under federal law. Under a federal law, 18 U.S.C.

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JonathanTurley

APRIL 14, 2022

.'” Captain Jack Sparrow’s clarification in the movie Pirates of the Caribbean could prove useful when actor Johnny Depp takes the stand in his defamation case in Fairfax, Virginia against his former wife, Amber Heard. ” He is now trying his hand with a Virginia jury. In New York Times v.

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LexForti

JULY 26, 2021

This research paper also focuses on the directions of the Supreme Court in Shyam Narayan Chouksey v. The scheme must be seen as one in which Constitution envisages in responsible citizens and in that sense the fundamental duties shall be performed and seen as an educative role. Relations Between Fundamental Rights and Duties.

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JonathanTurley

SEPTEMBER 16, 2023

The bizarre story of Susanna Gibson and her running as a candidate for the House of Delegates has occupied much of the conversations around Virginia, where I live. Virginia State Sen. Indeed, even the service provider itself is protected under the law. Engaging in online porn is a lawful act for Gibson.

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JonathanTurley

MAY 24, 2021

So a ruling by a federal district court in Texas this week was particularly jarring: Judge Reed O’Connor found that the Biden administration engaged in systemic gender and race discrimination to implement COVID-19 relief for American restaurants. The government cited historical barriers for minority enterprises, but the court balked.

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JonathanTurley

JANUARY 3, 2022

Below is my column in the Hill on upcoming year for the Supreme Court. The Court’s docket is likely to put the institution at ground zero of a heated election year. Here is the column: The late Justice Ruth Bader Ginsburg once observed that “it’s hard not to have a big year at the Supreme Court.”

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JonathanTurley

OCTOBER 20, 2023

While the odds tend to favor the lower court in such orders, there is ample reason to object to the scope and language of the order. Her order bars Trump from making statements against Smith, his staff, court personnel, and potential witnesses. Smith has long adopted extreme legal positions that ignore constitutional values.

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JonathanTurley

APRIL 23, 2022

Totenberg ruled that Greene’s critics could bring a challenge under the Constitution’s 14th Amendment, known as the “Disqualification Clause.” Cawthorn prevailed in a federal court, which dismissed that effort; an appeal of that ruling will be heard May 3 by the U.S. Court of Appeals for the 4th Circuit in Richmond, Va.

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JonathanTurley

AUGUST 4, 2023

The hatred for Trump is so all-encompassing that legal experts on the political left have ignored the chilling implications of this indictment. Alvarez decision, the Supreme Court held 6-3 that it is unconstitutional to criminalize lies in a case involving a politician who lied about military decorations. In the 2012 United States v.

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JonathanTurley

OCTOBER 18, 2021

Bruen, the first major gun rights case before the Supreme Court in ten years. Justices have been openly discussing a case to push back on lower courts that have been chipping away at its Second Amendment jurisprudence. The court will soon take up New York State Rifle & Pistol Association Inc. Penal Law § 400.00(2)(f)

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JonathanTurley

MAY 16, 2022

The problem is that the claims are detached from both legal and political realities. The claim is even less credible legally than it is politically. Virginia , was based on different constitutional grounds and would not be negated by this opinion. In 2015, the court voted 5-4 to strike down bans on same-sex marriage.

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SCOTUSBlog

NOVEMBER 2, 2022

Share On Tuesday, the court heard argument in Jones v. Two decades into his prison term, the Supreme Court decided in Rehaif v. 2255 , which funneled challenges to federal convictions and sentences into a “motion to vacate” before the sentencing court. 922(g) and sentenced to more than 27 years’ incarceration.

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JonathanTurley

JULY 20, 2023

Today’s legal-political sequel, however, may prove to be a bit more controversial. 6 allegations are far more tenuous legally. Such an indictment could come at a high legal and political cost. Supreme Court, which rebuked Smith for what it termed the “Government’s boundless interpretation.” is obvious.

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JonathanTurley

SEPTEMBER 2, 2022

Despite an impressive list of court losses, Biden is now asserting such authority as the basis for the single largest debt forgiveness in history. The legal basis for this action is superficial and strikingly cynical. No branch is supposed to have enough power to govern alone. Biden just did, however.

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JonathanTurley

JUNE 27, 2022

Jackson Women’s Health Organization, six Supreme Court justices noted that the nation was grappling with this deeply divisive issue in 1973 but that “Roe abruptly ended that political process.” The court has now declared that the future of abortion will rest with 330 million Americans rather than nine justices. How little has changed.

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JonathanTurley

OCTOBER 5, 2021

The United States Supreme Court affirmed the decision of the United States Court of Appeals for the District of Columbia (and the later denial of a motion for consideration ) in rejecting the much touted lawsuit to give residents a vote in Congress. I have written about D.C. residents a vote.

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JonathanTurley

JUNE 18, 2022

has joined the call for Supreme Court Justice Clarence Thomas to resign due to the communications of his wife, Virginia “Ginni” Thomas, with lawyer John Eastman supporting the certification challenge. Clarence Thomas cannot possibly be seen as a neutral actor but instead as a corrupt jurist who has poisoned the High Court.

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JonathanTurley

MARCH 11, 2022

However, these Democrats insist that a unilateral decision from Ferriero declaring it ratified would mean it is ratified … at least until some courts say otherwise. Democratic members and advocacy groups have pushed to pack the Supreme Court with an instant liberal majority. In 1981, a federal district court ruled in Idaho v.

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JonathanTurley

OCTOBER 12, 2021

I recently discussed the Supreme Court’s affirmance of a decision rejecting constitutional arguments that the District of Columbia is entitled to a vote in Congress. I have repeatedly testified and written on the constitutional barriers to such a vote absent statehood. I was delighted when he accepted.

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JonathanTurley

NOVEMBER 21, 2020

While the legal team did raise some credible electoral concerns, I was also critical of Rudy Giuliani’s global communist conspiracy claim at the press conference this week. Some of these questions are being addressed in the courts. policy but instead is wrongfully demanding actions by Ukraine that would benefit him personally.”

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JonathanTurley

DECEMBER 29, 2023

He has been removed from his position, though the now unhappy couple could now challenge the action in the courts. However, this was conduct that was both legal and conducted outside of his official duties without reference to his academic or administrative positions.

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JonathanTurley

MAY 22, 2023

Courts have long left it to the political branches to work out such differences in what is often a game of chicken with default. Despite the contrary views of Obama and a host of constitutional law professors, President Biden appears emboldened by the idea. Biden then cited Tribe in calling for CDC to reimpose the moratorium  .

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JonathanTurley

JANUARY 28, 2021

Biden just unveiled another proposal with heavy public opposition: a commission that would allow court-packing or other structural changes on the Court to blunt the conservative majority. statehood is a complex issue with historical, constitutional, and legal dimensions. The debate over D.C.

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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 Supreme Court reversed an intermediate appellate court’s decision affirming a superior court determination that the defendant could not present a necessity defense.

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JonathanTurley

AUGUST 3, 2021

Indeed, if these were truly protected as rights, our government would be obligated to ensure basic access to them through entitlement programs or legal protection.” They are correct that there are legal protections for such rights. The Supreme Court has also recognized a right to movement in cases like In Paul v.

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