Constitutional Law Reporter

MARCH 29, 2022

Fazaga , 595 U.S. _ (2022), the U.S. The District Court determined dismissal appropriate because litigation of the dismissed claims “would require or unjustifiably risk disclosure of secret and classified information.” In Federal Bureau of Investigation v.

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Constitutional Law Reporter

FEBRUARY 16, 2023

Supreme Court issued its first opinion of the 2022-2023 Term. In reaching its decision, the Court explained that equitable tolling “effectively extends an otherwise discrete limitations period set by Congress” when a litigant diligently pursues his rights but extraordinary circumstances prevent him from bringing a timely action.

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Constitutional Law Reporter

MARCH 21, 2022

S. _ (2022), the U.S. Court of Appeals for the 6th Circuit erred in denying the Kentucky attorney general’s motion to intervene on the commonwealth’s behalf in litigation concerning Kentucky House Bill 454, the state’s controversial abortion law. In Cameron v. EMW Women’s Surgical Center , P.S.C., Facts of the Case.

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SCOTUSBlog

MARCH 7, 2022

The justices’ rulings mean that the states’ 2022 congressional elections will go ahead using the court-drawn maps. The legislators also relied on another election-law doctrine, known as the Purcell principle , which is a presumption that courts should not change state election rules shortly before an election.

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Constitutional Law Reporter

DECEMBER 14, 2022

Two of the cases involve whether litigants must wait for administrative proceedings to conclude before challenging the authority of federal agencies in federal court. The post Justices Consider Making It Easier to Challenge Regulatory Power of Federal Agencies appeared first on Constitutional Law Reporter.

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JonathanTurley

OCTOBER 29, 2023

Thus, Smith continues to litigate with a sense of utter abandon, showing his signature lack of concern for the implications of his legal arguments. In sentencing a rioter in 2022, Judge Chutkan said that January 6 defendants “were there in fealty, in loyalty, to one man — not to the Constitution.”

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Constitutional Law Reporter

JANUARY 25, 2024

Individuals are sometimes removed from the No Fly List during ongoing litigation about their placement on that list. 1770 (2022), the Supreme Court held that that the provision contravened Congress’s constitutional authority to “establish…uniform Laws on the subject of Bankruptcies,” U.S. In Siegel v.

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Constitutional Law Reporter

JUNE 17, 2022

Boule , 596 U.S. _ (2022), the U.S. With regard to the First Amendment retaliation claim, the majority found that extending Bivens to alleged First Amendment violations would pose an acute “risk that fear of personal monetary liability and harassing litigation will unduly inhibit officials in the discharge of their duties.” Anderson v.

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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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JonathanTurley

JANUARY 19, 2023

I have written a series of columns criticizing the new law passed after the Court’s ruling in June 2022 in New York State Rifle & Pistol Association, Inc. The state has been openly gaming litigation to the irritation of individual justices. Lower courts have struck down the new provisions.

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SimplyLawJobs

FEBRUARY 7, 2022

Many students also join law school without realising which type of law they would like to practice. For instance, you could specialise in a wide variety of fields: Admiralty Law. Business Law. Constitutional Law. Criminal Law. Environmental Law. First Amendment Law. Health Care Law.

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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. Yet Biden’s and Becerra’s words already are being cited in the litigation by the challengers.

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JonathanTurley

MARCH 19, 2024

1 (2022), found few such examples, Grisham maintained that it was common to bar guns from places like parks. The New Mexico litigation follows a pattern of blue states creating bad precedent in ill-considered cases. ” While the Supreme Court in New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S.

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Constitutional Law Reporter

MAY 3, 2022

S. _ (2022), the U.S. The Court first rejected the prison officials’ threshold contention that Ramirez couldn’t succeed on his claims because he failed to exhaust all available remedies before filing suit as mandated by the Prison Litigation Reform Act of 1995. In Ramirez v. Collier , 595 U.

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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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JonathanTurley

NOVEMBER 23, 2022

New York Democrats have passed a series of laws that led to catastrophic losses in federal court, including the recent major ruling in New York State Rifle & Pistol Association, Inc. This includes openly gaming litigation to the irritation of individual justices. New York Democratic Gov. Bruen, 142 S.

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JonathanTurley

JANUARY 17, 2022

That appears more of a litigation than compliance review because the order is short and quite clear. The expected litigation is particularly notable in the wake of the Supreme Court’s rejection of the OSHA mandate for workplaces. It is the law of the state. Indeed, it was passed on a bipartisan basis.

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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. The reason is that these claims are made for cable news, not courts of law.

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JonathanTurley

AUGUST 31, 2022

” That was in January 2022. It then alleges that, in the June 3, 2022 meeting, “neither counsel nor the custodian asserted that the former President had declassified the documents or asserted any claim of executive privilege.” ” That is because this issue has not been fully litigated.

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JonathanTurley

MAY 25, 2023

The report states that “on December 16, 2022, pursuant to the Inspector General Act, 5 U.S.C. § And selective prosecution complaints are notoriously difficult to litigate. The OIG released detailed findings against Rollins for allegedly seeking to influence a Suffolk County, Mass., district attorney election last year.

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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. He cited Justice Kagan for a dissenting opinion in 2022 (Merrill v. That is what it did again in this case.

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JonathanTurley

JULY 11, 2023

Not only did these directors make sweeping policy changes for the nation but, in 2022 alone, they awarded more than $25 billion in federal biomedical grants. In one case involving challenged administrative law judges in 2018, the Supreme Court ruled in Lucia v. The problem is the 21st Century Cures Act , passed in 2016.

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JonathanTurley

FEBRUARY 26, 2023

It did so in the Dobbs decision in 2022 ). If the groups split the litigation in the hopes of securing a more favorable court, it succeeded. Mark Lee Dickson and Right to Life East Texas lobbied to pass the ordinance stating that abortion is “an act of murder with malice aforethought.” That was not the case with the Dallas County case.

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JonathanTurley

JUNE 27, 2022

In the Dobbs litigation of 2022, 26 states asked the court to overturn Roe and its successor, Casey. Roughly 16 states are poised or expected to make abortion illegal immediately under so-called trigger laws. If one looks solely at the alignment of states , surprisingly little has changed. Thus, we remain deeply divided.

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