Constitutional Law Reporter

JUNE 1, 2023

Goertz , 598 U.S. _ (2023), the U.S. According to the Court majority, when a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations for a 42 U.S.C. In 2014, Reed filed a motion in Texas state court under Texas’s post-conviction DNA testing law.

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Constitutional Law Reporter

APRIL 4, 2023

United States , 598 U.S. _ (2023), the U.S. The statute imposes a maximum $10,000 penalty for nonwillful violations of the law. Meanwhile, Section 5314 provides that a violation occurs “when an individual fails to file a report consistent with the statute’s commands.” In Bittner v.

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Constitutional Law Reporter

APRIL 18, 2023

Sturgis Public Schools , 598 U.S. _ (2023), the U.S. The first clause focuses on “remedies” and sets forth this general rule: “Nothing [in IDEA] shall be construed to restrict” the ability to seek “remedies” under “other Federal laws protecting the rights of children with disabilities.” In Perez 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. In Arellano v.

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Statute Diligence Court Constitutional Law 52

JonathanTurley

APRIL 1, 2023

A federal judge has temporarily blocked a new Tennessee law limiting drag shows on constitutional grounds. Putting that concern aside, I have serious free speech concerns over the reach of these laws. Federal district judge Thomas Parker granted an injunction on the ground that the Tennessee law is vague and overly broad.

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Constitutional Law Reporter

MARCH 5, 2024

In 2023, the EPA disapproved the submissions of 21 states and proposed its own federal-implementation plan. Nealy : The cases is set to resolve a circuit split regarding the statute of limitations in copyright infringement cases. Board of Governors of the Federal Reserve System : Petitioner Corner Post, Inc.

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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 appeals court found that the “plain meaning” of the word “use” is “to employ for the accomplishment of some purpose” or “ ‘to avail oneself of,” (quoting Black’s Law Dictionary 1776 (10th ed. Facts of the Case.

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Constitutional Law Reporter

DECEMBER 6, 2023

In the wake of the country’s most recent mass shooting, the justices considered a case that could overturn a federal gun law. Rahimi, challenges a federal law prohibiting the possession of a firearm by anyone who is the subject of a domestic violence restraining order. The case, United States v. Bruen , 597 U.S. _ (2022). 1681 et seq.,

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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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Patently O

SEPTEMBER 26, 2022

It is time to pick-up our consideration of Supreme Court patent cases for the 2022-2023 term. Topics: Enablement / Written Description (All three are biotech / pharma): 3 Cases; Infringement (FDA Labeling): 1 Case; Anticipation (On Sale Bar): 1 Case; Double Patenting (Still the law?): by Dennis Crouch. Kite Pharma, Inc. ,

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Constitutional Law Reporter

APRIL 11, 2023

Pennsylvania and Wisconsin , 598 U.S. _ (2023), the U.S. MoneyGram applied the common-law escheatment practices outlined in Texas v. The post Delaware Loses Bid to Keep Uncashed MoneyGram Checks appeared first on Constitutional Law Reporter. In Delaware v. It was Justice Ketanji Brown Jackson’s first opinion.

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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. In Wilkins v. Justice Sonia Sotomayor wrote on behalf of the Court.

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Constitutional Law Reporter

JULY 19, 2023

Colorado , 600 U.S. _ (2023), the U.S. 18–3–602(1)(c), a Colorado statute making it unlawful to “[r]epeatedly. Following Colorado law, the trial court rejected that argument under an objective standard, finding that a reasonable person would consider the messages threatening. In Counterman v. a local singer and musician.

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Constitutional Law Reporter

DECEMBER 4, 2023

Rahimi, will decide whether a federal law banning the possession of guns by individuals who are subject to domestic violence restraining orders is constitutional. 922(g)(8), a specific statute that does so, is constitutional under the Second Amendment of the United States Constitution. The case, United States v.

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Constitutional Law Reporter

MAY 30, 2023

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. The post Supreme Court Greenlights Pre-enforcement Challenges to FTC and SEC Proceedings appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

NOVEMBER 2, 2022

Ross : The case challenges the constitutionality of California’s Proposition 12, an animal welfare law regulating the pork industry. Decisions in all of the cases are expected before the Court’s term concludes in June 2023. The post Andy Warhol Art Headlines Busy Week for Supreme Court appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

MARCH 14, 2023

Buckley , 598 U.S. _ (2023), the U.S. “By doing so, Congress cut from the statute the strongest textual hook counseling against the outcome in Strang,” she wrote. ” The post Supreme Court Holds Debts Incurred by Fraud Are Ineligible for Bankruptcy Relief appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

NOVEMBER 1, 2022

Supreme Court heard its first oral arguments of the 2022-2023 Term. McDonough: The case involves whether the doctrine of equitable tolling applies to a statute governing veteran benefits. The post SCOTUS Kicks Off Term With Oral Arguments in Four Cases appeared first on Constitutional Law Reporter. Arellano v.

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Constitutional Law Reporter

JANUARY 26, 2023

223, 228 (1989), a statute does not abrogate sovereign immunity unless Congress’s intent to abrogate is “unmistakably clear” in the statutory text. The post SCOTUS Kicks Off February Session With Four Cases appeared first on Constitutional Law Reporter. Centro de Periodismo Investigativo, Inc.: Muth , 491 U.S.

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Constitutional Law Reporter

MARCH 6, 2023

.” 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. Supreme Court Takes on Big Tech appeared first on Constitutional Law Reporter. The post U.S.

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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. Because everyday overbilling cases would account for the majority of vi- olations in practice, the Government’s reading places at the core of the statute its most improbable applications. In Durbin v.

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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

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 12, 2023

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. The post The Biggest Cases the Supreme Court Will Hear in 2023 appeared first on Constitutional Law Reporter. 1125(c)(3)(C).

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Constitutional Law Reporter

NOVEMBER 20, 2023

837 (1984), courts must defer to a federal agency’s reasonable interpretation of an ambiguous statute that the agency is charged with administering, even if they are inclined to rule another way. The Court’s decision in Chevron is one of the most frequently cited administrative law decisions. In Loper Bright Enterprises v.

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Constitutional Law Reporter

JULY 12, 2023

Texas , 599 U.S. _ (2023), the U.S. The States of Texas and Louisiana claim that the Guidelines contravene two federal statutes that they contend require the arrest of certain noncitizens upon their release from prison ( 8 U.S.C. In United States v. 1226(c) ) or entry of a final order of removal ( 8 U.S.C. 1231(a)(2) ). “If

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Constitutional Law Reporter

AUGUST 2, 2023

Nebraska , 600 U.S. _ (2023), the U.S. The HEROES Act allows the Secretary to ‘waive or modify’” provisions of the student aid laws, “but does not allow the Secretary to rewrite that statute to the extent of canceling $430 billion of student loan principal,” Chief Justice John Roberts wrote on behalf of the Court. In Biden v.

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Constitutional Law Reporter

JANUARY 10, 2024

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. The Court granted certiorari on December 13, 2023. United States. The case challenges the D.C.

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JonathanTurley

JANUARY 27, 2023

I have a forthcoming law review article on free speech protections for the speech involved in this and similar cases around the country : “The Unfinished Masterpiece: Speech Compulsion and the Evolving Jurisprudence over Religious Speech” (forthcoming 2023). 26, 2023), [link]. Here is the decision: Scardina v.

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Constitutional Law Reporter

JULY 25, 2023

Elenis , 600 U.S. _ (2023), a divided U.S. The law defines “public accommodation” broadly to include almost every public-facing business in the State. Either state officials or private citizens may bring actions to enforce the law, and a variety of penalties can follow any violation. In 303 Creative LLC v. Until today.

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Constitutional Law Reporter

NOVEMBER 29, 2023

The cases before the justices this session involve significant issues of constitutional law including due process, free speech, and gun rights. Marshall : The case arises out of the seizure and retention of the plaintiffs’ vehicles under Alabama’s Civil Asset Forfeiture (CAF) statute. Please check back for updates.

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JonathanTurley

JUNE 4, 2023

District Judge Thomas Parker this week struck down a Tennessee law that put strict limits on drag shows as “unconstitutionally vague.” ” 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. However, this is a two-way street.

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Entertainment Laws Court Statute 45

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. I do view this law as containing unconstitutional elements.

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Laws Entertainment Statute Court 33

JonathanTurley

SEPTEMBER 30, 2023

” I was representing The Sister Wives family both during a criminal investigation and my later challenge to the underlying law. I continue to oppose such laws that have been used against a wide range of religious and social groups, including LGBT individuals. The columns dealt with my opposition to “morality legislation.”

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