Constitutional Law Reporter

MARCH 10, 2022

Texas : The case involves gaming activities on Native American land in Texas. Texas , 36 F.3d 1994) (“Ysleta I”) granted Texas regulatory jurisdiction over non-prohibited gaming activities on the Tribes’ lands. Ysleta del Sur Pueblo v. 3d 1325 (5th Cir. Cabazon Band of Mission Indians , 480 U.S.

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Immigration Constitutional Law Drafting Court 52

Constitutional Law Reporter

JULY 12, 2023

Texas , 599 U.S. _ (2023), the U.S. Supreme Court ruled that Texas and Louisiana lacked standing to challenge a Biden Administration immigration enforcement policy. The Constitution affords federal courts considerable power, but it does not establish ‘government by lawsuit,’” Gorsuch wrote. In United States v. 1231(a)(2) ).

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Immigration Court Rules Court Entertainment 52

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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Laws Court Government Legal 33

JonathanTurley

NOVEMBER 13, 2021

Despite the pledge to return to a respect for the “rule of law,” Biden openly suggested that they could use the litigation to get as much money out the door as possible before being barred by the courts. Nothing could be more damaging to the litigation and the federal courts quickly rejected the CDC and Tribe arguments.

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Litigation Litigating Court Immigration 81

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. In Ramirez v. Collier , 595 U. S. _ (2022), the U.S. Facts of the Case.

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Court Constitutional Law Government Litigation 59

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. June, 2022).

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Laws Law Office Court Legal 145

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. In the law, the adjustment can take years, as collateral doctrines and applications shake out along new fault lines. Texas is suing the Biden administration over new guidance issued after the Dobbs decision.

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Court Litigation Litigating Laws 36

JonathanTurley

JUNE 9, 2022

Despite the pledge to return to a respect for the “rule of law,” Biden openly suggested that they could use the litigation to get as much money out the door as possible before being barred by the courts. Nothing could be more damaging to the litigation and the federal courts quickly rejected the CDC and Tribe arguments.

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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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Court Laws Litigation Litigating 33

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. 337; Texas, 809 F.3d

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Court Immigration Court Rules Litigation 76

JonathanTurley

SEPTEMBER 10, 2021

Ironically, this move comes on the same day that Attorney General Merrick Garland denounced the “clever” use of the Texas abortion law to make it more difficult to challenge. It is again politics driving litigation by the Justice Department. The question is whether this clever work around will in fact work.

Litigation 56

Litigation Litigating Immigration Legal 56

JonathanTurley

JANUARY 3, 2024

It would then depend on the Maine litigation to bring the matter back to the Court. Here is the column: It is “a sad day for America and the Constitution when a court decides the outcome of an election.” At the time, another rising star in Republican legal circles was getting her start as a young law firm associate.

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Court Constitutional Law Litigation Litigating 44

JonathanTurley

SEPTEMBER 22, 2022

The undocumented migrants who were transferred to Martha’s Vineyard have quickly adopted one common American practice: litigation. The complaint is stronger on rhetoric than supporting facts or law. Many of these claims are likely to be dismissed or abandoned in the course of that litigation. YouTube screengrab.

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Tort Immigration Litigation Litigating 44

JonathanTurley

DECEMBER 12, 2020

From the outset of the Texas lawsuit, I stated that it was virtually guaranteed to fail on standing. Pascrell’s move against his colleagues mirrors language in the response of Pennsylvania’s Attorney General Josh Shapiro calling the Texas lawsuit “seditious.” It did fail last night.

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Litigation Litigating Legal Legal 45

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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Laws Misdemeanor Attorney Felony 37

JonathanTurley

SEPTEMBER 17, 2022

In litigation the rule is the same as in hunting: “aim small, miss small.” The first such move in this litigation by the Justice Department. That is a change from the prior litigation. While legal experts pushed the department to challenge the entire order, the Department is seeking a smaller target.

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SCOTUSBlog

OCTOBER 10, 2022

Brian Frazelle of the Constitutional Accountability Center, which filed a brief on behalf of constitutional law professors , said that the challengers are seeking a “dramatic expansion” of the law that would call many other kinds of laws into question.

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Court Laws Manufacturing Constitutional Law 110

JonathanTurley

JANUARY 3, 2022

After Dobbs was accepted, advocates sought to enjoin a Texas law that banned abortion after just six weeks. The court ruled 5-4 to allow the Texas law to be enforced. The Biden administration and other litigants then forced a reconsideration of that decision.

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Court Litigation Litigating Laws 43

JonathanTurley

SEPTEMBER 13, 2021

The move came on the same day Attorney General Merrick Garland announced an equally sweeping claim of federal jurisdiction over abortion rights in challenging the Texas law. Instead, it will sue directly as a party in interest because the law is viewed as countermanding a constitutional right.

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Government Court Laws Legal 47

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. 24 — was actually proposed in 2013, long before either the Mississippi or Texas laws were enacted.

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Laws Court Rules Court Litigation 37

JonathanTurley

AUGUST 14, 2021

In the prior litigation, the city waited for a year to reveal the truth that it used tear gas near the park. One of the plaintiffs, freelance photojournalist Oyoma Asinor was arrested and claims that the MPD failed to return his cell phone, camera and goggles for nearly a year.

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Freelance Government Attorney Litigation 51

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.

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Tort Litigation Litigating Lawyer 34

JonathanTurley

DECEMBER 9, 2021

Almost a dozen states (including Idaho, Oklahoma, Tennessee, Texas, Iowa, New Hampshire, South Carolina, Arizona, and North Dakota) have passed legislation to bar CRT and roughly a dozen more are considering such legislation. A coalition of educators and public interest groups has sued states like Oklahoma over such laws. 20-1088.

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Education Attorney Laws Litigation 40

JonathanTurley

JUNE 3, 2022

Below is my column in The Hill on the calls for gun bans after the massacre in Uvalde, Texas. The rhetoric is again outstripping the reality of constitutional and practical limits for gun control. They have pushed ill-considered legislation and litigation that only served to create precedent against gun control.

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Court Government Court Rules Litigation 44

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. District Judge Matthew Kacsmaryk in Texas invalidated the Food and Drug Administration’s approval of mifepristone despite its availability for many years.

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Court Laws Litigation Litigating 35

JonathanTurley

DECEMBER 19, 2021

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. New York leaders had forced costly litigation only to pull the law at the last minute to avoid a likely finding of unconstitutionality.

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Manufacturing Laws Litigation Litigating 28

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. By Margaret Barry and Korey Silverman-Roati. and non-U.S. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 148.

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JonathanTurley

JUNE 11, 2021

She cited University of Texas law professor and CNN legal analyst Steve Vladeck and an array of other experts cited in a New York Times article. The Biden administration is not reluctant to change positions in litigation when it disagrees with the prior administration.

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JonathanTurley

JUNE 23, 2021

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.”. Ironically, it is the District’s MPD that will be continuing as a litigant, not Barr or the federal agencies.

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Court Legal Legal Government 36

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? When former Texas congressman and U.S. Efforts to ban this model already have failed in the courts on constitutional grounds, though litigation is continuing on that issue.

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Court Litigation Litigating Laws 8

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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Laws Court Litigation Litigating 9