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

MAY 12, 2021

In a major but likely controversial victory for free speech, the United States Court of Appeals for the Fourth Circuit overturned the conviction of a retired Air Force Colonel for using a racial epithet at the shoe store on the Marine base at Quantico in Virginia. Bartow was charged under Virginia Code § 18.2-416, Terminiello v.

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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

NOVEMBER 2, 2021

On Wednesday, the Supreme Court will take up arguably the oldest and most controversial right in our history. Bruen is the first major gun rights case in over ten years to come before the Supreme Court and it has the makings of a major gun rights victory in the making. Penal Law § 400.00(2)(f) New York State Rifle Association 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. As a lawyer who worked with counsel for D.C.

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JonathanTurley

APRIL 15, 2022

Below is my column in the Hill on the litigation over the new admissions policy at the elite Thomas Jefferson High School in Fairfax, Virginia. Notably, this week, the board defended its policy before the Supreme Court by insisting that it was not “race balancing” and that the new policy is entirely “race neutral.”

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JonathanTurley

FEBRUARY 27, 2022

We recently discussed controversies on r ace criteria from college admissions cases pending before the Supreme Court to the threshold criteria used by President Joe Biden for his Supreme Court nominee. Now, a federal district court in Northern Virginia has handed down a major decision in Coalition for TJ v.

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JonathanTurley

JUNE 12, 2021

The Supreme Court has itself highlighted that rationale in its discussions of the history and purpose of the Amendment. Patrick Henry and George Mason really teamed up like tag team taking on the Federalists and the Constitution. What they argued, was that the Constitution put control of the militia under federal control.

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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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SCOTUSBlog

APRIL 9, 2021

Share President Joe Biden will issue an executive order to create a commission to study potential reforms to the Supreme Court, the White House announced on Friday. In its statement, the White House indicated that the commission will be a bipartisan one, made up of experts “on the Court and the Court reform debate.”

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Constitutional Law Reporter

JULY 25, 2023

Supreme Court held that the First Amendment prohibits Colorado from forcing a website designer to create expressive designs speaking messages with which the designer disagrees. The law defines “public accommodation” broadly to include almost every public-facing business in the State. The Tenth Circuit Court of Appeals affirmed.

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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

AUGUST 3, 2021

The Supreme Court has also recognized a right to movement in cases like In Paul v. Virginia , 75 U.S. However, the argument that appearing in public is not a right but a privilege ignores how a myriad of related rights involve public interaction.

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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. Accordingly, “[T]he Court has found … that the disruption relied upon was insufficient.” Indeed, if Cross is fired, such questions could be soon before a court.

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SCOTUSBlog

JUNE 27, 2022

Share This article is part of a symposium on the court’s decision in New York State Rifle & Pistol Association v. Barnett is the Patrick Hotung professor of constitutional law at the Georgetown University Law Center and the faculty director of the Georgetown Center for the Constitution. I would think not.

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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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JonathanTurley

SEPTEMBER 1, 2023

District Court for the Western District of Texas ruled that a Texas law requiring age-verification and warning labels about the alleged dangers of porn contravenes the First Amendment. The court found that “the statute is not narrowly tailored and chills the speech of Plaintiffs and adults who wish to access sexual materials. [it]

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JonathanTurley

MAY 5, 2021

The lawsuit of Virginia Tech student Kierstien Hening begins with a simple statement: “Kierstien Hening refused to kneel.” As a state school, Virginia Tech is subject to the limitations imposed on the government under the First Amendment. A Virginia professor had to take a leave of absence after criticizing BLM.

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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. Enunciating the relationship between Parts III, IV and IV-A the court has observed in Naveen Jindal v/s UOI. However, the Court did note that this right can be subject to certain reasonable statutory restrictions.

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JonathanTurley

DECEMBER 15, 2021

Florida Southern District Court. There was a surprising claim by Prince Andrew this week by his defense in the lawsuit from Virginia Roberts Giuffre, who claims that she was forced to have sex with him at the behest of Jeffrey Epstein. ” That does create a credible threshold defense and a tough question for the court.

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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

MAY 16, 2022

Virginia , was based on different constitutional grounds and would not be negated by this opinion. While the court did discuss the due process right to marriage, it was primarily handed down on equal protection grounds due to the inherent racial classification. The claim is even less credible legally than it is politically.

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JonathanTurley

APRIL 19, 2021

Originally, the district was designed to be a diamond-shaped “federal city” composed of land ceded equally from Maryland and Virginia. They would instantly become part of a larger state with greater resources and greater success in areas ranging from education to courts to infrastructure.

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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

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. That is heavy opposition for such a statehood change. That reduction of the federal enclave has been incorporated in some statehood proposals.

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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 13, 2022

San Francisco Regional Director Jill Coffman declared that the company is violating the rights of workers in 10 different states (Massachusetts, New Hampshire, Pennsylvania, New Jersey, Virginia, Maryland, Georgia, Washington, Indiana, and California). The Supreme Court has pushed back on federal agencies trying to regulate speech.

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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

DECEMBER 29, 2023

He has been removed from his position, though the now unhappy couple could now challenge the action in the courts. It is reminiscent of the recent controversy involving Virginia Democratic candidate Susanna Gibson who was shown to have engaged in sex acts on the Internet with her husband.

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The Crime Report

NOVEMBER 19, 2021

So Chemerinsky, one of the nation’s leading authorities on constitutional law, decided to write a book focusing on how the Supreme Court has (or has not) addressed the challenge of policing throughout its judicial history. One, ‘Is public pressure in this area of life going to change the Supreme Court?”

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JonathanTurley

AUGUST 4, 2023

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. The court warned such criminalization “would give government a broad censorial power unprecedented in this Court’s cases or in our constitutional tradition.

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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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JonathanTurley

APRIL 23, 2022

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. Sheffey to hold a Virginia state court office, given his support for the Confederacy. Madison Cawthorn (R-N.C.),

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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. It is not surprising that Smith dismisses such concerns.

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JonathanTurley

JANUARY 17, 2022

Like other parents in Fairfax, we were informed this weekend by the School District that it will not be complying with the order of Virginia Governor Glenn Youngkin to lift all mask mandates for schools. The school districts are relying on a bill, Senate Bill 1303, that was approved and signed into law last year.

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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 much has changed.

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JonathanTurley

JUNE 7, 2021

Joe Manchin , President Biden may be thinking of offering his voracious dog, Major, to the West Virginia Democrat. For example, many senators want to add as many as four new Supreme Court justices to give liberals an instant, controlling majority on the court. When it comes to Sen. Official White House Photo/Adam Schultz).

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