Constitutional Law Reporter

DECEMBER 6, 2023

Supreme Court heard oral arguments in three cases this week, with the Second Amendment taking center stage. In the wake of the country’s most recent mass shooting, the justices considered a case that could overturn a federal gun law. The case, United States v. Bruen , 597 U.S. _ (2022). 1681 et seq.,

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Constitutional Law Reporter

DECEMBER 16, 2022

Supreme Court recently agreed to consider a case that is expected to define the scope of federal identity theft law. The specific issue before the Court in Dubin v. After a district court upheld the convictions, Dubin appealed. Issues Before the Supreme Court. Facts of the Case.

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Constitutional Law Reporter

JULY 19, 2023

Colorado , 600 U.S. _ (2023), the U.S. Supreme Court held that to establish that a statement is a “true threat” unprotected by the First Amendment, the state must prove that the defendant had some subjective understanding of the statements’ threatening nature, based on a showing no more demanding than recklessness. In Counterman v.

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Constitutional Law Reporter

DECEMBER 4, 2023

Supreme Court recently heard oral arguments in its first significant Second Amendment case in two years. Rahimi, will decide whether a federal law banning the possession of guns by individuals who are subject to domestic violence restraining orders is constitutional. The case, United States v.

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Constitutional Law Reporter

MAY 30, 2023

Supreme Court’s decision in Axon Enterprise, Inc. Federal Trade Commission , 598 U.S. _ (2023), allows federal district courts to consider constitutional challenges to administrative proceedings prior to the issuance of final rulings. Cochran’s and Axon’s suits were both dismissed for lack of jurisdiction.

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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

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

AUGUST 22, 2023

600 U.S. _ (2023), the U.S. Supreme Court held that the trademark infringement provisions of the Lanham Act do not apply extraterritorially, but rather extend only to claims where the infringing use in commerce is domestic. Supreme Court’s Decision The Supreme Court reversed by a vote of 5-4. In Abitron Austria GmbH v.

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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

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

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

MARCH 6, 2023

Supreme Court heard oral arguments in two big cases involving Big Tech this week. ” In practice, the statute immunizes platforms like YouTube, Google, Facebook and Twitter for publishing third-party content, such as someone who posts a video on YouTube or a statement on Facebook. The cases, Gonzalez v. Google and Twitter v.

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Constitutional Law Reporter

NOVEMBER 2, 2022

Supreme Court heard oral arguments in four cases last week. The Court previously held in Campbell v. Below is a brief summary of the three other cases before the Court: National Pork Producers Council v. Decisions in all of the cases are expected before the Court’s term concludes in June 2023.

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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

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.

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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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Patently O

SEPTEMBER 26, 2022

It is time to pick-up our consideration of Supreme Court patent cases for the 2022-2023 term. A quick recap: Despite dozens of interesting and important cases, the Supreme Court denied all petitions for writ of certiorari for the 2021-2022 term. Wade was good law before being overturned by the Court last term.

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Constitutional Law Reporter

NOVEMBER 1, 2022

Supreme Court heard its first oral arguments of the 2022-2023 Term. The Court also welcomed new Justice Associate Justice Ketanji Brown Jackson to the bench for her first session of oral arguments. The Court also welcomed new Justice Associate Justice Ketanji Brown Jackson to the bench for her first session of oral arguments.

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Constitutional Law Reporter

JANUARY 26, 2023

Supreme Court returned to the bench this week to begin their February session. In the most high-profile case of the week, the Court addressed the scope of the attorney-client privilege when an attorney provides both legal and non-legal advice. The justices heard oral arguments in four cases, two of which involved labor disputes.

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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. It is supposed to take place on May 23, 2023.

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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

JANUARY 12, 2023

Supreme Court is about one-third of the way through its current term as it enters the new year. Important issues before the justices will include the lawfulness of the Biden Administration’s student loan forgiveness plan and tech companies’ liability for user content. Below is a brief preview of the cases before the Court: Gonzalez v.

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Constitutional Law Reporter

DECEMBER 19, 2022

Supreme Court heard oral arguments in four cases. United States , which involves the scope of a key federal bribery law. Below is a brief summary of the other cases before the Court: Ciminelli v. Below is a brief summary of the other cases before the Court: Ciminelli v. Last week, the U.S. United States v.

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Constitutional Law Reporter

NOVEMBER 20, 2023

Supreme Court has now granted certiorari in two cases challenging the continued viability of its long-standing decision in Chevron v. The two cases, which will be heard sometime in January, both ask the Court to overrule or at least curtail so-called “Chevron deference.” Supreme Court’s decision in Chevron U.S.A.

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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

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 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 10, 2024

Supreme Court recently granted certiorari in Fischer v. Circuit Court of Appeals’ interpretation of a federal statute prohibiting obstruction of congressional inquiries and investigations. The law has been used in the prosecutions of numerous defendants charged in connection with the Jan. United States. 1512(c)(2).

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JonathanTurley

JANUARY 27, 2023

Colorado Civil Rights Commission has again lost an appeal in Colorado state court. The Colorado Court of Appeals ruled on Thursday that the refusal to make the cake requested by Autumn Scardina did not constitute free speech. For Phillips, he has spent over a decade in state and federal courts.

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Constitutional Law Reporter

NOVEMBER 29, 2023

Supreme Court resumed oral arguments on October 30, as it begins its November session. The cases before the justices this session involve significant issues of constitutional law including due process, free speech, and gun rights. Below is a brief summary of the cases before the Court: Culley v. 8,850 and Barker v.

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JonathanTurley

JUNE 4, 2023

.” While many of us have objections to drag shows put on for young children, Judge Parker is right about this law being a threat to free speech. As I have said previously, the law is sweeping and vague, including barring a form of expression that is (in my view) protected under the First Amendment. Johnson, 491 U.S.

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JonathanTurley

SEPTEMBER 1, 2023

District Court for the Western District of Texas ruled that a Texas law requiring age-verification and warning labels about the alleged dangers of porn contravenes the First Amendment. The lawsuit challenged the Texas law, which was set to go into effect Sept. Senior U.S. District Judge David A. Ezra of the U.S.

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