Constitutional Law Reporter

AUGUST 28, 2023

600 U.S. _ (2023), the U.S. Supreme Court upheld the constitutionality of state laws requiring corporations operating within their borders to consent to personal jurisdiction when they register to do business in those states. According to the Court, such laws do not offend the Constitution’s Due Process Clause.

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Constitutional Law Reporter

SEPTEMBER 12, 2023

Smagin ,599 U.S. _ (2023), the U.S. Supreme Court held that a plaintiff alleges a “domestic injury” as mandated under RJR Nabisco, Inc. The District Court initially froze Yegiazaryan’s California assets before finally entering judgment against him. The Ninth Circuit Court of Appeals reversed. In Yegiazaryan v.

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Constitutional Law Reporter

APRIL 4, 2023

United States , 598 U.S. _ (2023), the U.S. Supreme Court held that the penalty for the nonwillful failure to file a Report of Foreign Bank and Financial Accounts (FBAR) is $10,000 per report rather than per account. The statute imposes a maximum $10,000 penalty for nonwillful violations of the law. In Bittner v.

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Constitutional Law Reporter

MARCH 14, 2023

Buckley , 598 U.S. _ (2023), the U.S. Supreme Court held that debts incurred by fraud can’t be discharged in a Chapter 7 bankruptcy, even if a debtor wasn’t culpable for the fraud. Justice Amy Coney Barrett wrote on behalf of the unanimous Court. In Bartenwerfer v. Invoking Strang v. Bradner , 114 U.S. Bradner , 114 U.S.

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Constitutional Law Reporter

DECEMBER 27, 2023

Supreme Court recently issued the term’s first decision in an argued case. Laufer , 601 U.S. _ (2023), the Court unanimously held the case is moot, declining to reach a closely watched issue of “tester” standing under the Americans With Disabilities Act (ADA). The Supreme Court granted review to address the split.

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Constitutional Law Reporter

JUNE 5, 2023

Ross , 598 U.S. _ (2023), the U.S. Supreme Court rejected a constitutional challenge to a California animal welfare law that requires pork sold in the state to come from humanely raised pigs. According to the Court, the law did not violate the dormant commerce clause in regulating the pork industry outside California.

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Constitutional Law Reporter

FEBRUARY 16, 2023

Supreme Court issued its first opinion of the 2022-2023 Term. S. _ (2023), a unanimous Court held that the effective date of an award of service-related disability compensation to a veteran of the United States military determined pursuant to 38 U.S.C. §§ 5110(a)(1) and 5110(b)(1) is not subject to equitable tolling.

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Constitutional Law Reporter

SEPTEMBER 19, 2023

S. _ (2023), the U.S. Supreme Court held that the False Claims Act’s scienter element — which asks whether a defendant “knowingly” submitted a “false” claim to the government — refers to a defendant’s knowledge and subjective beliefs — not to what an objectively reasonable person may have known or believed. SuperValu Inc. ,

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Constitutional Law Reporter

AUGUST 9, 2023

DeJoy , 600 U.S. _ (2023), the U.S. Supreme Court modified the religious accommodation standard under Title VII of the Civil Rights Act, which requires employers to accommodate the religious practice of their employees unless doing so would impose an “undue hardship on the conduct of the employer’s business.” In Groff v.

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Constitutional Law Reporter

APRIL 18, 2023

Sturgis Public Schools , 598 U.S. _ (2023), the U.S. Justice Neil Gorsuch wrote on behalf of the unanimous Court. After settling his administrative complaint, Perez sued in federal district court under the ADA seeking compensatory damages. As explained by the Supreme Court, Section §1415( l ) contains two key clauses.

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Constitutional Law Reporter

MAY 1, 2023

United States , 598 U.S. _ (2023), the U.S. Supreme Court held that the Quiet Title Act’s statute of limitations is a claim-processing rule rather than a bright-line rule that constrains a court’s jurisdiction. Justice Sonia Sotomayor wrote on behalf of the Court. In Wilkins v. North Dakota ex rel. Board of Univ.

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Constitutional Law Reporter

MAY 10, 2023

Supreme Court has concluded its oral arguments for the 2022-2023 Term. The Court’s final week included four cases, with issues ranging from bankruptcy to RICO to government takings. Below is a brief summary of the issues before the Court: Lac du Flambeau Band of Lake Superior Chippewa Indians v. 2d 1112, 1115 (7th Cir.

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Constitutional Law Reporter

JUNE 26, 2023

VIP Products LLC , 599 U.S. _ (2023), the U.S. Supreme Court unanimously found that when an alleged trademark infringer uses the mark as a designation of source for its own goods or services the threshold test for expressive works established in Rogers v. Justice Elena Kagan wrote on behalf of the unanimous Court.

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Constitutional Law Reporter

APRIL 11, 2023

Pennsylvania and Wisconsin , 598 U.S. _ (2023), the U.S. Supreme Court held that uncashed MoneyGram checks are governed by the Disposition of Abandoned Money Orders and Traveler’s Check Act (FDA) and should be returned to the state where they were issued. In Delaware v. It was Justice Ketanji Brown Jackson’s first opinion.

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Constitutional Law Reporter

AUGUST 28, 2023

the United States , 599 U.S. _ (2023), the U.S. Supreme Court unanimously held that the Constitution permits the retrial of a defendant following a trial in an improper venue conducted before a jury drawn from the wrong district. In Smith v. We hold that it does not.”

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Constitutional Law Reporter

AUGUST 16, 2023

the United States , 599 U.S. _ (2023), the U.S. Supreme Court unanimously held that the Constitution permits the retrial of a defendant following a trial in an improper venue conducted before a jury drawn from the wrong district. In Smith v. We hold that it does not.”

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Constitutional Law Reporter

JUNE 1, 2023

Goertz , 598 U.S. _ (2023), the U.S. Supreme Court held that death row inmate Rodney Reed did not wait too long to seek DNA testing of the evidence in his case. 1983 procedural due process claim begins to run at the end of the state-court litigation. . Reed then sued in federal court under 42 U.S.C.

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Constitutional Law Reporter

SEPTEMBER 25, 2023

Supreme Court struck down the college admissions programs of Harvard University and the University of North Carolina. The Court held that the raced-based policies violated the Constitution’s Equal Protection Clause. In both cases, the lower courts upheld the admissions policies, and Students for Fair Admissions appealed.

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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.

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Constitutional Law Reporter

AUGUST 2, 2023

Nebraska , 600 U.S. _ (2023), the U.S. Supreme Court struck down the Biden Administration’s student loan forgiveness program. The district court denied the States’ motion for a preliminary injunction and dismissed the case for lack of jurisdiction after determining none of the States had standing to bring the lawsuit.

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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. On the merits, the District Court found the Guidelines unlawful and vacated them. In United States v. 1226(c) ) or entry of a final order of removal ( 8 U.S.C.

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Constitutional Law Reporter

OCTOBER 9, 2023

Milligan , 599 U.S. _ (2023), the U.S. Supreme Court held that challengers showed a reasonable likelihood of success on their claim that an Alabama Congressional redistricting plan likely violated Section 2 of the Voting Rights Act. The Court preliminarily enjoined Alabama from using HB1 in forthcoming elections. In Allen v.

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Constitutional Law Reporter

JULY 6, 2023

United States , 599 U.S. _ (2023), the U.S. Supreme Court narrowed the scope of a federal aggravated identity theft statute. The issue before the Court was whether, in defrauding Medicaid, he also committed “[a]ggravated identity theft” under 18 U.S.C. Supreme Court’s Decision The Supreme Court sided with Durbin.

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Constitutional Law Reporter

JULY 25, 2023

Elenis , 600 U.S. _ (2023), a divided U.S. Supreme Court held that the First Amendment prohibits Colorado from forcing a website designer to create expressive designs speaking messages with which the designer disagrees. The law defines “public accommodation” broadly to include almost every public-facing business in the State.

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Constitutional Law Reporter

JANUARY 19, 2023

Supreme Court agreed to keep the federal government’s Title 42 policy in place while legal challenges continue. By a vote of 5-4, the justices stayed a lower court decision that would have lifted the policy on December 21, 2022. Circuit Court of Appeals denied the States’ motion. In Arizona et al.

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JonathanTurley

DECEMBER 22, 2023

Below is my column in The Messenger of the Colorado Supreme Court decision disqualifying former President Donald Trump from the 2024 election. Here is the column: he Colorado Supreme Court has issued an unsigned opinion, making history in the most chilling way possible. In California, Lieutenant Gov.

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