Conflict of Laws

MARCH 30, 2023

Yesterday, on March 29, 2023, the German Constitutional Court published its long-awaited (and also long) decision on the German “Act to Combat Child Marriage” ( Gesetz zur Bekämpfung von Kinderehen ). 1 EGBGB ) – regardless of whether the marriage is valid under the normally applicable foreign law. That was a long time ago.

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Constitutional Law Reporter

DECEMBER 19, 2022

United States , which involves the scope of a key federal bribery law. The justices have agreed to clarify the states’ ability to challenge federal immigration policy, among other issues. The post Supreme Court Considers Scope of Federal Bribery Law appeared first on Constitutional Law Reporter. United States v.

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JonathanTurley

SEPTEMBER 22, 2023

We previously discussed the defunct Disinformation Governance Boar d and its controversial head Nina Jankowicz. support to Ukraine” as well as “irregular immigration.” The public should know the range of subjects and claimed authority of these government programs. ” That claim is itself chilling.

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JonathanTurley

MARCH 28, 2024

Many of us had predicted this result given the prior precedent of the Supreme Court on the federal preemption of state immigration laws. ” I also previously discussed how this interpretation would fail due to the text, intent, and history of the underlying constitutional provision. United States , 567 U.S.

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Constitutional Law Reporter

JANUARY 25, 2024

Fikre: The case revolves around the “No Fly List” established by the federal government in the wake of the September 11 attacks. Garland: The immigration case centers on the Immigration and Nationality Act, which provides that a noncitizen who does not appear at a removal hearing shall be ordered removed in absentia.

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Constitutional Law Reporter

JANUARY 31, 2022

Gonzalez : The latest immigration case before the justices involves when individuals subject to removal are entitled to an individualized bond hearing. Arteaga-Martinez : The Court’s second immigration of the week also involves when bond hearings are required. The Court will decide: “Whether an alien who is detained under 8 U.S.C.

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Constitutional Law Reporter

JULY 26, 2021

Supreme Court held that the detention of noncitizens ordered removed from the United States who reenter without authorization is governed by 8 U.S.C. Federal immigration law establishes procedures for removing aliens living unlawfully in the United States as well as for determining whether such persons are detained during removal proceedings.

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Constitutional Law Reporter

MARCH 10, 2022

The issues before the Court involved Native American law and immigration. United States : The case involves the Constitution’s double jeopardy clause and how it applies toa prosecution in the Court of Indian Offenses. Under the Immigration and Nationality Act ( 8 U.S.C. The justices heard oral arguments in three cases.

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JonathanTurley

JULY 9, 2022

Below is my column in the Hill on the effort to declare an “invasion” along the Texas border to allow the state to take greater control along the border to stem the flow of illegal immigrants. Greg Abbott signed an order allowing Texas law enforcement to return illegal immigrants apprehended in the state back to the U.S.

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JonathanTurley

JUNE 9, 2023

First, let’s look at the law. The California provision states that kidnapping involves someone who “abducts or takes by force or fraud any person contrary to the law of the place where that act is committed, and brings, sends, or conveys that person within the limits of this state.”

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SCOTUSBlog

JULY 29, 2022

Under longstanding constitutional law, most laws survive constitutional challenges so long as the government has a “rational basis” for enacting them. Louisville, Kentucky, is home to a large community of Nepali immigrants. A list of all petitions we’re watching is available here. In Tiwari v.

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JonathanTurley

JUNE 1, 2021

In the Garland case, the court ruled (again) unanimously to reverse the Ninth Circuit in an opinion written by Justice Neil Gorsuch on the rule in immigration disputes regarding the credibility of noncitizens’ testimony. cannot be reconciled with the terms of the Immigration and Nationality Act.

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Constitutional Law Reporter

JANUARY 19, 2023

The term is defined as those seeking to enter the United States through Canada or Mexico who “seek[] to enter … [ports of entry] who do not have proper travel documents, aliens whose entry is otherwise contrary to law, and aliens who are apprehended near the border seeking to unlawfully enter the United States between [ports of entry].”

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JonathanTurley

DECEMBER 27, 2022

Title 42 allowed the federal government to deny entry to certain aliens to prevent the spread of a contagion (COVID-19). This stay precludes giving effect to the District Court order setting aside and vacating the Title 42 policy; the stay itself does not prevent the federal government from taking any action with respect to that policy.

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Constitutional Law Reporter

MAY 17, 2022

The justices heard arguments in six cases, which addressed issues ranging from methods of execution for death-row inmates to whether a high school football coach should be able to pray at midfield to the federal government’s controversial “remain in Mexico” immigration policy. ” Petitioner filed suit under 42 U.S.C.

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JonathanTurley

MAY 22, 2023

It is reminiscent of when Democrats applauded wildly when President Barack Obama told them that he was going to circumvent Congress entirely after it refused to approve his immigration and environmental legislation. It was the ultimate control over government. They were applauding their own institutional obsolescence.

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JonathanTurley

JANUARY 10, 2024

Despite decades of controversial cabinet members accused of flaunting the law or abusing their positions, Congress has only crossed this Rubicon once. Indeed, even under the Federal Tort Claims Act (FTCA) which holds the government liable for civil damages, there is a discretionary function exception codified under 28 U.S.C.

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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. Make no mistake about it.

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JonathanTurley

JUNE 21, 2021

What is notable is that such losses in the early days of the Trump Administration led to coverage declaring a war on the “rule of law” and even indications of authoritarianism. The image of Biden as restoring the Justice Department back into the good graces of the law and the courts is reinforced regularly in the media.

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JonathanTurley

FEBRUARY 13, 2023

Notably, California’s law expressly states that this money should not be treated as compensation for federal reparations. That raises the question of whether a resident could receive $5 million from San Francisco, $223,000 from the state, and additional payments from the federal government. Follow him on Twitter @JonathanTurley.

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JonathanTurley

JULY 3, 2023

The law is only a few pages long and was intended to assist military personnel deployed abroad in combat zones. The idea of using that law in order to avoid getting congressional approval for such a massive expenditure was laughable. Perhaps, but the Constitution has once again stopped him from becoming a government unto himself.

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JonathanTurley

JANUARY 25, 2021

Here is the column: There are times when being a law professor ruins everything. It will be a fun bit of trivia for constitutional law geeks, but it was also telling. Other calls for sweeping new decisions, from immigration to wealth distribution, are more concerning. Senate Majority Leader Chuck Schumer (D-N.Y.)

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SCOTUSBlog

APRIL 13, 2022

He was prescient in recognizing the need for a strong national government to deal with urgent issues, such as civil rights. Yet his record is not unblemished: He distrusted immigrants from China and even voted to deny citizenship to their U.S.-born He is also a graduate of Columbia Law School. born children. Last year, Peter S.

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JonathanTurley

OCTOBER 6, 2022

Circuit Judges James Ho and Kurt Engelhardt), Chief Judge Priscilla Richman found that President Obama did indeed circumvent Congress and evaded the limits imposed in the Immigration and Nationality Act (INA) when it enacted DACA in 2012. The court declared: “Under the first factor, DACA’s deficiencies are severe.

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JonathanTurley

AUGUST 15, 2021

Some 13,000 undocumented immigrants have been admitted to the country since the ending of the policy. A key issue in the Remain-in-Mexico policy is that there is a clear footprint in federal law. APA prohibits agency actions that are “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.”

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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. The Christian Legal Society and Robertson Center for Constitutional Law , Concerned Women for America , and Judicial Watch, Inc. 1 in support of that law.

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JonathanTurley

JUNE 11, 2021

Below is my column in The Hill on the recent decisions of Attorney General Merrick Garland to support the prior positions taken by his predecessor, William Barr, on issues ranging from the Lafayette Park protests to immigration to withholding information related to the Mueller investigation.

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JonathanTurley

SEPTEMBER 17, 2021

Not long after the ratification of our Constitution, the great Justice Joseph Story marveled “How easily men satisfy themselves that the Constitution is exactly what they wish it to be.” The Constitution is designed to be a type of waltz with a three rather than six-step pattern in our tripartite system of government.

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JonathanTurley

AUGUST 27, 2021

Surprisingly, Justice Brett Kavanaugh (who supplied the fifth vote in favor of the CDC to allow the law to simply expire in a few days rather than strike it down) stated that the order was unconstitutional due to the lack of authority for the CDC to issue such moratoriums.

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JonathanTurley

JANUARY 6, 2023

It holds regular open meetings to “assess the needs of the community,” “evaluate and prioritize projects,” “obtain citizen input,” and “provide specific recommendations” to the City Council…After being appointed to the CPAB, Lathus was photographed at an immigrants’ rights rally standing near individuals whom Carr believed to be “Antifa.”

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JonathanTurley

DECEMBER 30, 2021

Customs and Border Protection agents who were falsely accused of “whipping” undocumented immigrants on the southern border. “Those people” are federal employees who have a right to due process and a presumption of innocence, including from the man who heads their branch of government. I promise you, those people will pay.”.

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JonathanTurley

JANUARY 27, 2022

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. Bollinger , the Court divided 5-4 on upholding admissions criteria used to achieve “diversity” in a class at Michigan Law School. In 2003 in Grutter v.

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JonathanTurley

DECEMBER 8, 2020

She engineered her own firing at the hands of Trump – a virtual canonizing act for the media and many liberals. When Trump was inaugurated, Yates had only a few days left in government. Rather, she declared that she was not convinced the order was “wise or just” or “lawful.” It was not struck down but expanded.

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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. By Margaret Barry and Korey Silverman-Roati. and non-U.S. climate litigation charts. If you know of any cases we have missed, please email us at columbiaclimate@gmail.com.

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