Constitutional Law Reporter

DECEMBER 9, 2022

Gonzalez , which involves the scope of Section 230 of the Communications and Decency Act of 1996 , a statute that predates the rise of platforms like Twitter, Google, and YouTube. Supreme Court granted certiorari on October 3, 2022. Supreme Court recently agreed to consider Google v. Issues Before the Supreme Court.

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Constitutional Law Reporter

DECEMBER 27, 2021

However, in defending its controversial abortion law, the State of Mississippi has asked the Court to overturn its prior decisions in Roe v. Board of Education, in which the Court overruled precedent and established new constitutional law. Decisions in all of the cases are expected by the end of the term in June 2022.

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Constitutional Law Reporter

JANUARY 3, 2022

However, in defending its controversial abortion law, the State of Mississippi has asked the Court to overturn its prior decisions in Roe v. Board of Education, in which the Court overruled precedent and established new constitutional law. Decisions in all of the cases are expected by the end of the term in June 2022.

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Constitutional Law Reporter

NOVEMBER 1, 2022

Supreme Court heard its first oral arguments of the 2022-2023 Term. While Justice Jackson has been a member of the Court since being sworn in on June 30, the Court held a special sitting on September 30, 2022 to hold the formal investiture ceremony. Below is a brief summary of the cases before the Court: Delaware v. Arellano v.

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Constitutional Law Reporter

MAY 10, 2023

Supreme Court has concluded its oral arguments for the 2022-2023 Term. As separate sovereigns pre-existing the Constitution, Indian tribes have the same common-law immunity from suit traditionally enjoyed by sovereign governments—unless and until Congress unequivocally expresses its intent to abrogate that immunity.

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Constitutional Law Reporter

FEBRUARY 16, 2023

Supreme Court issued its first opinion of the 2022-2023 Term. 89 (1990), while the Court presumes that federal statutes of limitations are subject to equitable tolling, this presumption may be rebutted if equitable tolling is inconsistent with the statutory scheme. In Arellano v. McDonough , 598 U.

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Constitutional Law Reporter

JUNE 3, 2022

S. _ (2022), the U.S. Despite that agreement, Morgan filed a nationwide collective action asserting that Sundance had violated federal law regarding overtime payment. The prejudice requirement is not a feature of federal waiver law generally, but unique to arbitration. In Morgan v. Sundance, Inc. , Erdman Co. 3d 1115 (CA8 2011).

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Constitutional Law Reporter

NOVEMBER 11, 2021

The other potential blockbuster of the week, which involves a legal challenge to a Kentucky abortion law, appears likely to be resolved on procedural grounds in favor of the state’s Attorney General. Decisions in all of the cases are expected before the term ends in June 2022. EMW Women’s Surgical Center, P.S.C.: Thompson v.

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SCOTUSBlog

APRIL 8, 2022

Rebecca Harper and other challengers sued in state court to prevent the new map from taking effect, arguing that the map violated various provisions of the North Carolina Constitution and represented an unlawful partisan gerrymander. For the time being, the map adopted by the North Carolina Superior Court remains operative for 2022 elections.

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Constitutional Law Reporter

DECEMBER 14, 2022

1983 ; and (2) whether, assuming spending clause statutes ever give rise to private rights enforceable via Section 1983, the Federal Nursing Home Amendments Act of 1987 ’s transfer and medication rules do so.” Axon Enterprise, Inc. Norfolk Southern Railway Co.:

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JonathanTurley

JANUARY 29, 2022

The use of the censored references led to a complaint in a letter from the Black Law Students Association and later a petition which called for Kilborn to be stripped of his committee assignments and other reforms. Only upon satisfactory completion of this program would Plaintiff be allowed to return to class in Fall, 2022.

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Conflict of Laws

MAY 9, 2023

In a nutshell, according to the Italian Constitutional Court, the fundamental human rights cannot be automatically and unconditionally sacrificed in each and every case in order to uphold the jurisdiction immunity of a foreign State allegedly responsible for serious international crimes.

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SCOTUSBlog

JUNE 27, 2022

Saul Cornell is the Paul and Diane Guenther chair in American history at Fordham University and adjunct professor of law at Fordham Law School. It is particularly noteworthy that Justice Stephen Breyer called out his colleagues for engaging in the most rank form of law-office history in his dissent.

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JonathanTurley

JULY 3, 2022

The letter seeks to use state laws to achieve what the Justice Department has clearly rejected under federal law. The timing of the letter, however, is particularly interesting and may reflect a recognition of the limits of the federal law. However, I have also questioned the use of a federal law to arrest protesters.

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Constitutional Law Reporter

FEBRUARY 15, 2022

Kijakazi , 595 U.S. _ (2022), the U.S. The post SCOTUS Rejects Claims of Dual-status Military Technician appeared first on Constitutional Law Reporter. In Babcock v. 415(a)(7)(A)(III). Justice Neil Gorsuch dissented from the eight-member majority’s opinion. Facts of the Case. The Court ultimately concluded it was not.

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Constitutional Law Reporter

DECEMBER 19, 2022

United States , which involves the scope of a key federal bribery law. The District Court held that the Quiet Title Act’s statute of limitations is jurisdictional and because the landowners failed to prove that their claims arose within twelve years of the lawsuit being filed, it dismissed the case. Last week, the U.S.

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Constitutional Law Reporter

JANUARY 25, 2024

” Paragraph (1) of section 1229(a) requires a single notice document that contains all the information specified in the statute, including the “time and place” of proceedings. The post SCOTUS Kicks Off January 2024 Session With Five Cases appeared first on Constitutional Law Reporter. In Siegel v. I, § 8, Cl.

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SCOTUSBlog

JUNE 23, 2022

Respondent Rebecca Harper and 25 other North Carolina voters sued in state court to prevent the new map from taking effect, arguing that the map violated various provisions of the North Carolina constitution and represented an unlawful partisan gerrymander. We should know Monday. The issue at stake in MOAC Mall Holdings LLC v.

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Constitutional Law Reporter

AUGUST 2, 2023

In 2022, as the COVID–19 pandemic came to its end, the Secretary invoked the HEROES Act to issue “waivers and modifications” reducing or eliminating the federal student debt of most borrowers. The post Student Loan Forgiveness Program Fails to Survive Supreme Court Scrutiny appeared first on Constitutional Law Reporter.

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SCOTUSBlog

DECEMBER 31, 2022

From legendary lawyers to lesser-known activists, journalists, and plaintiffs, the following individuals who died in 2022 all shaped the court and the law in their own ways. In 1973, Beckwith was a recent graduate of law school and was working as a political reporter for TIME magazine. Read past years’ remembrances: 2021 , 2020.

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JonathanTurley

JANUARY 14, 2024

District Judge Kathryn Kimball Mizelle has ruled that the federal law prohibiting people from possessing firearms inside post offices is unconstitutional. The ruling is based on 2022 Supreme Court ruling New York State Rifle & Pistol Association v. ” Judge Mizelle noted that the law stands in conflict with the Bruen decision.

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Constitutional Law Reporter

JUNE 9, 2022

Garland , 596 U.S. _ (2022), the U.S. 1255 , which would have made Patel and his wife lawful permanent residents. 1255 , which would have made Patel and his wife lawful permanent residents. Conversely, Patel’s interpretation would read the word “regarding” out of the statute entirely, according to the majority.

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Constitutional Law Reporter

MARCH 29, 2022

Fazaga , 595 U.S. _ (2022), the U.S. Regardless of whether the state secrets privilege is rooted only in the common law (as respondents argue) or also in the Constitution (as the Government argues), the privilege should not be held to have been abrogated or limited unless Congress has at least used clear statutory language.”.

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JonathanTurley

FEBRUARY 9, 2024

Under Section 134-25 of the Hawaii Revised Statutes, “all firearms” must be “confined to the possessor’s place of business, residence, or sojourn.” Bruen (2022) and Circuit Court Judge Kirstin Hamman dismissed the charges with prejudice. The Constitution is not a “suicide pact.”

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JonathanTurley

JUNE 9, 2023

” The problem, however, is that this is just like the transport of migrants to Martha’s Vineyard in September 2022, which a number of Democratic leaders and legal experts insisted was also a clear case of kidnapping and human trafficking. First, let’s look at the law. This isn’t Martha’s Vineyard.”

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Laws Misdemeanor Attorney Felony 38

JonathanTurley

JANUARY 8, 2023

On January 6, 2022, the Fifth Circuit handed down its decision rejecting the rule. But even if we are wrong, the statute is at least ambiguous in this regard. And if the statute is ambiguous, Congress must cure that ambiguity, not the federal courts. As noted above, we conclude that it unambiguously does not.

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JonathanTurley

JULY 12, 2022

In a series of tweets this week, Professor Heidi Li Feldman has denounced “lawless” and “actively rogue” Supreme Court justices and professors who disagree with her views on the Constitution. She has called for “genuine” law professors not to fall “into complicity with lawlessness” in teaching such subjects.

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JonathanTurley

JUNE 17, 2022

In past columns, we have discussed how Harvard Law professor Laurence Tribe seems intent upon running through the entire criminal code in declaring clear evidence of every federal crime by former President Donald Trump and/or his family. You don’t have to go to law school to know that there’s something seriously criminal about that.

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