Constitutional Law Reporter

JULY 6, 2023

Supreme Court narrowed the scope of a federal aggravated identity theft statute. The justices unanimously held that a defendant “uses” another person’s means of identification “in relation to” a predicate offense when the use is at the crux of what makes the conduct criminal. In Durbin v. United States , 599 U.S. _ (2023), the U.S.

Statute 52

Statute Healthcare Court Constitutional Law 52

SCOTUSBlog

JUNE 26, 2023

An expansive reading of the statute, the court recognized, would arguably criminalize political advocacy or general encouragement. That means that someone can only run afoul of the statute if they intend for an immigrant to come or remain in the U.S. while knowing that is unlawful.

Immigration 102

Immigration Court Statute Criminal Law 102

JonathanTurley

APRIL 26, 2024

With cliffs to the left and the right, the justices are looking at a free-fall dive into the scope of constitutional and criminal law as they apply to presidential conduct. It was effectively a “Trust us, we’re the government” assurance. The government insisted there is an exception for such acts from the murder statute.

Criminal Law 69

Criminal Law Court Court Rules Attorney 69

JonathanTurley

JANUARY 8, 2023

The majority further explained: The Government’s regulation violates these principles. As an initial matter, it purports to allow ATF—rather than Congress—to set forth the scope of criminal prohibitions. Nor can we say that the statutory definition unambiguously supports the Government’s interpretation. Guedes, 920 F.3d

Statute 37

Statute Criminal Law Court Government 37

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.”

Statute 57

Statute Misdemeanor Criminal Law Felony 57

JonathanTurley

NOVEMBER 21, 2020

Chief Justice John Roberts eviscerated what he called the “boundless interpretation of the federal bribery statute.” The Court observed: “That requirement, this Court has made clear, prevents these statutes from criminalizing all acts of dishonesty by state and local officials. McNally, 483 U. This Court declined to go along.

Statute 59

Statute Felony Lawyer Lawyers 59

JonathanTurley

JUNE 9, 2023

Newsom cited the kidnapping statute but apparently failed to read it or the underlying cases. 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. state once they are released by the federal government.

Laws 37

Laws Misdemeanor Attorney Felony 37