Constitutional Law Reporter

MAY 3, 2022

Supreme Court held that Texas can’t execute a man death row unless it allows his pastor to pray and lay hands on him while he is executed. A Texas jury sentenced John Ramirez to death after he brutally murdered Pablo Castro in 2004. Ramirez also sought a stay of execution while the District Court considered his claims.

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JonathanTurley

SEPTEMBER 6, 2021

Below is my column in The Hill on reaction to the refusal of the Supreme Court to enjoin the Texas abortion law. The order of the Court expressly did not reach the merits and certainly did not, as claimed, overturn Roe v. The Texas law is not even the greatest threat to Roe. Alexandria Ocasio-Cortez (D-N.Y.)

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Constitutional Law Reporter

MARCH 10, 2022

Supreme Court recently returned to the bench for its February sitting. The issues before the Court involved Native American law and immigration. Below is a brief summary of the cases before the Court: Denezpi v. Texas : The case involves gaming activities on Native American land in Texas. Texas , 36 F.3d

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JonathanTurley

NOVEMBER 1, 2021

Texas on the request for an emergency injunction in Texas to block the state’s controversial abortion law. The merits of the law are not at issue in the questions presented today but the decision to push for an injunction comes with some risks for the Biden Administration. Jackson and United States v.

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JonathanTurley

JANUARY 3, 2024

Below is my column in The Messenger on the challenge facing the Supreme Court in the coming week over the electoral disqualification of former president Donald Trump in Colorado and Maine. The appeal in Maine has been filed and can now work its way up to the Court. Colorado is expected to file with the Court this week.

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SCOTUSBlog

OCTOBER 10, 2022

Share In 2018, California voters approved Proposition 12, a ballot initiative that its supporters describe as the country’s strongest law to protect farm animals. On Tuesday, the Supreme Court will hear oral argument in a challenge to the constitutionality of the law.

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SCOTUSBlog

JUNE 27, 2022

Bruen invokes the authority of history but presents a version of the past that is little more than an ideological fantasy, much of it invented by gun-rights advocates and their libertarian allies in the legal academy with the express purpose of bolstering litigation such as Bruen. Bruen does mark a new low for the court.

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JonathanTurley

JULY 18, 2022

Below is my column in the Hill on how the next round of post-Roe litigation is coming into sharper focus. Here is the column: Throughout its history, the Supreme Court has overturned long-standing precedents, as it did recently in Dobbs v. Texas is suing the Biden administration over new guidance issued after the Dobbs decision.

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JonathanTurley

JUNE 9, 2022

.” It was an ironic statement from a president who has racked up an impressive array of losses in the courts which have found that he has repeatedly disregarded constitutional limits. There was no push back from Kimmel on a statement that is dramatically at odds with the President’s actual record in the courts.

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JonathanTurley

NOVEMBER 13, 2021

Not only is the use of OSHA regulations unprecedented for imposing a national vaccine mandate, I noted that Chief of Staff Ron Klain went to Twitter to herald the use of OSHA as a “work around” the constitutional limitations placed on President Biden. I asked how a court would respond to such an admission.

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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

AUGUST 15, 2021

Judge Matthew Kacsmaryk of the United States District Court for the Northern District of Texas delivered a blow to the Biden Administration on Friday by ordering the reinstatement of the Trump-era Migrant Protection Protocols (MPP) program, also known as the “Remain-in-Mexico” policy. Motor Vehicle Mfrs. Ass’n of U.S.,

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JonathanTurley

APRIL 22, 2023

On Friday night, the Supreme Court ordered the abortion pill mifepristone to continue to be made available to women by mail as challenges continue to be litigated in lower courts. As I mentioned on Fox yesterday before the ruling, the Court usually restores the status quo while challenges are being heard.

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JonathanTurley

SEPTEMBER 8, 2021

Attorney General Merrick Garland was widely covered in pledging that the Justice Department would defend women in Texas seeking abortions. Garland appears to be answering a different question than the one raised by the new law. However, Garland was pledging to enforce a law that has long been robustly enforced.

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JonathanTurley

SEPTEMBER 10, 2021

In the law, it is called an admission against interest or an out-of-court statement by a party that, when uttered, is against the party’s pecuniary, proprietary, or penal interests. The problem is that the thing being “worked around” is the Constitution. In politics, it is called just dumb.

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JonathanTurley

JUNE 9, 2023

While there is a fair debate over the policy of relocation by states like Texas and Florida, the effort to use the criminal process as part of that political debate is … well, pathetic. First, let’s look at the law. The reason is that these claims are made for cable news, not courts of law.

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JonathanTurley

DECEMBER 12, 2020

NJ) has a serious problem with Republicans going to court. Now Pascrell is declaring that 120 House Republicans signing a “Friend of the Court brief” (or amicus brief ) is tantamount to supporting a rebellion against the United States and that they should be blocked from taking their seats in Congress. Bill Pascrell (D.,

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JonathanTurley

SEPTEMBER 13, 2021

Whether a “workaround” or a “pathway,” the move would allow the federal government to dictate public health measures in every state – a claim that will face major federalism challenges in court. Instead, it will sue directly as a party in interest because the law is viewed as countermanding a constitutional right.

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JonathanTurley

JUNE 23, 2021

Ironically, the court allowed the lawsuit against the MPD under Mayor Muriel Bowser to continue. University of Texas professor and CNN contributor Steve Vladeck continued to claim that Barr ordered federal officers “to forcibly clear protestors in Lafayette Park to achieve a photo op for Trump.”. Now, federal judge Dabney L.

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JonathanTurley

DECEMBER 13, 2021

Below is my column in the Hill on the call by the Biden White House and many in the media to pass the Women’s Health Protection Act (WHPA) in light of the recent decision of the Supreme Court not to enjoin the new abortion law in Texas. Sotomayor encouraged advocates not to wait for any decision of the Court.

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JonathanTurley

SEPTEMBER 17, 2022

In litigation the rule is the same as in hunting: “aim small, miss small.” ” Despite a chorus of legal experts claiming that the entire order is legally unfounded and unsupportable, the DOJ is not making those arguments in court. The first such move in this litigation by the Justice Department.

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JonathanTurley

JUNE 3, 2022

Below is my column in The Hill on the calls for gun bans after the massacre in Uvalde, Texas. The massacre has already been used as the basis for calls to end the filibuster, pack the court, limits on gun ownership, and outright bans. The rhetoric is again outstripping the reality of constitutional and practical limits for gun control.

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JonathanTurley

SEPTEMBER 22, 2022

The undocumented migrants who were transferred to Martha’s Vineyard have quickly adopted one common American practice: litigation. It will face a motion to dismiss and that the litigants may be able to offer more evidence of a fraud or misrepresentations to negate their signed waivers. YouTube screengrab. DeSantis.

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JonathanTurley

AUGUST 14, 2021

Mayor Muriel Bowser admitted in court that it was the Metropolitan Police Department who used tear gas and stun grenades near the Lafayette Park in 2020. In the prior litigation, the city waited for a year to reveal the truth that it used tear gas near the park. We previously discussed the hypocrisy of the D.C.

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JonathanTurley

DECEMBER 29, 2022

Guillard is a Texas-based social media commentator, and accused Scofield of arranging the murder of Xana Kernodle, her boyfriend Ethan Chapin, and Kernodle’s roommates Maddie Mogen and Kaylee Goncalves in their Moscow (Idaho) house on Nov. That was the case with the litigation over the false claims made against former Rep. Guillard.

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JonathanTurley

DECEMBER 9, 2021

However, the moment that most struck me was an exchange between Supreme Court Justice Samuel Alito and Maine Chief Deputy Attorney General Christopher Taub where Taub appeared to acknowledge that legislatures have every right to ban critical race theory (CRT) from being taught. Maine is one of the states moving to ban CRT. Makin , Docket No.

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ClimateChange-ClimateLaw

AUGUST 4, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Spokane County District Court , No. and non-U.S. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 148.

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JonathanTurley

JUNE 11, 2021

Now, those same experts are silent as Garland takes the same positions Barr took in federal court. Garland is free, of course, to reject prior legal positions of Barr, but he has reached the same conclusion as his predecessor on several points of law thus far. ” That is the identical position taken by then-AG Barr last year.

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JonathanTurley

DECEMBER 19, 2021

City of Chicago , in which the Court declared that that right is incorporated against state and local government. At its passage, New York officials pounded their chests and promised they were certain of the constitutionality of the law and would litigate it all the way to the Supreme Court.

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JonathanTurley

MAY 29, 2022

” In boarding Air Force 2 after attending one of the funerals in Texas, Harris told the press “You know what an assault weapon is? I have previously written about the failure of politicians to acknowledge the limits posed by the Second Amendment and controlling case law. When former Texas congressman and U.S.

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JonathanTurley

MAY 27, 2022

Below is my column in The Hill on the call for bans and limits on guns like the AR-15 since the massacre in Texas. Within minutes of the killing of 19 children and two teachers at Robb Elementary School in Uvalde, Texas, a familiar cycle has emerged — grief coupled with angry demands for gun reforms. Take the AR-15.

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