Constitutional Law Reporter

APRIL 2, 2024

Supreme Court will take up abortion again with oral arguments in Moyle v. United States scheduled for April 24, 2024. A trigger provision in the original version of section 622 provided that the law would become effective 30 days after a decision by the Supreme Court “that restores to the states their authority to prohibit abortion.”

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Constitutional Law Reporter

MARCH 5, 2024

Supreme Court heard oral arguments in four cases last week. While the case centers on the EPA’s regulation of interstate air pollution under the Clean Air Act, the issues before the Court are largely procedural. The Fifth Circuit Court of Appeals denied the motions to stay and the States appealed to the Supreme Court.

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Constitutional Law Reporter

APRIL 25, 2024

Fikre , 601 U.S. _ (2024), the U.S. Supreme Court held that Yonas Fikre’s lawsuit against the FBI is not moot. Accordingly, his suit alleging that the government placed him on the No Fly List unlawfully may proceed in the lower courts. Justice Neil Gorsuch wrote on behalf of the unanimous Court.

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Constitutional Law Reporter

FEBRUARY 8, 2024

Supreme Court heard oral arguments in four cases this week. The two most closely watched involve whether the Court should overrule its landmark decision in Chevron v. The Court’s Chevron decision established a bedrock principle of administrative law. The cases before the Court, Relentless, Inc. 837 (1984).

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Constitutional Law Reporter

JANUARY 25, 2024

Supreme Court returned from recess on January 4, 2024. The Court’s January session will feature some of the Term’s biggest cases, with several testing the limit of the federal government’s regulatory power. Below is a brief summary of the issues before the Court: Federal Bureau of Investigation v. In Siegel v.

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Constitutional Law Reporter

MAY 7, 2024

United States , 601 U.S. _ (2024), the U.S. Supreme Court narrowly interpreted 18 U.S.C. By a vote of 6-3, the Court adopted the Government’s view of the three-prong test for evaluating a defendant’s prior criminal history, holding that a defendant must satisfy each of the conditions to be eligible. In Pulsifer v.

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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. That was a long time ago.

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Constitutional Law Reporter

APRIL 22, 2024

Supreme Court heard oral arguments in six cases last week, with two potential First Amendment blockbusters before the Court. The Second Circuit Court of Appeals dismissed the free speech claims , determining that Vullo is entitled to qualified immunity. Supreme Court granted certiorari on November 3, 2023.

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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

MARCH 21, 2024

Supreme Court held oral arguments in six cases to end its February sitting. A pair of cases challenging Texas and Florida’s controversial social media laws took center stage. In the Florida case, the Eleventh Circuit Court of Appeals held that S.B. Below is a brief summary of the other cases before the Court: Cantero v.

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Constitutional Law Reporter

FEBRUARY 12, 2024

Supreme Court recently agreed to consider City of Grants Pass, Oregon v. The key issue before the Court is whether penalizing homeless people for public camping, provided they don’t have access to shelter elsewhere, violates the Eighth Amendment’s ban on cruel and unusual punishment. The Supreme Court has agreed to weigh in.

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JonathanTurley

NOVEMBER 25, 2023

In a related story,Carson City District Court Judge James Russell has ruled against putting a constitutional amendment on the ballot for 2024 to make abortion a constitutional right.

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JonathanTurley

DECEMBER 27, 2023

There are a number of new laws that will kick in in 2024, but one of the most interesting fights are likely to over the new California law requiring stores with more than 500 employees to carry “gender-neutral” toys over face state fines. The law , signed by Gov. In 2010, in Citizens United v.

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JonathanTurley

NOVEMBER 7, 2023

Simon & Schuster will release the book in June 2024, but it can be purchased now. As many of you know, I have written about free speech and constitutional rights for decades in law reviews and journals. The book and is now available on Amazon , Barnes & Noble , Target , and other sites for pre-orders.

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Constitutional Law Reporter

NOVEMBER 1, 2023

Supreme Court heard oral arguments in three cases last week. The issues before the Court included choice-of-law clauses, the Sarbanes-Oxley Act’s whistleblower protection, and racial gerrymandering. Below is a brief summary of the issues before the Court: Great Lakes Insurance SE v. Raiders Retreat Realty Co.,

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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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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

FEBRUARY 29, 2024

Yesterday, the Supreme Court granted review of the presidential immunity question, but set an expedited schedule for the review of the question with oral argument scheduled for April. Indeed, this morning had the usual voices attacking the Court as “craven” and partisan for granting review in the case.

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JonathanTurley

AUGUST 21, 2023

A number critics have cited a New Mexico case where such a disqualification of a local politician named Couy Griffen was approved by a court and then upheld by the New Mexico Supreme Court. Yet, it is untrue that “the New Mexico Supreme Court upheld the decision to disqualify” and established counter precedent on the issue.

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JonathanTurley

APRIL 26, 2024

As expected, with the exception of the three liberal justices, the Court appears to be struggling to find a more nuanced approach that would avoid the extreme positions of both parties. It has been almost 50 years since the high court ruled presidents have absolute immunity from civil lawsuits in Nixon v. Fitzgerald.

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JonathanTurley

DECEMBER 7, 2022

.” As I stated at the time, there is no basis for termination or suspension of constitutional rules in such a case. Moreover, the misconduct of one company would never be accepted by a court as grounds for retroactively reevaluating a presidential election two years later. Trump is already running in 2024.

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JonathanTurley

APRIL 29, 2023

The decision comes after two other district courts ruled in favor of the law — sending this issue to the United States Court of Appeals for the Seventh Circuit and potentially the Supreme Court. of owners utilize these rifles for self-defense outside of their home and 61.9% utilize them for self-defense at home.

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JonathanTurley

MAY 5, 2021

The Crimson survey covered over 76 percent of the Harvard College Class of 2024 and found that the class contained 72.4 The complaint should be enough to get through a motion to dismiss unless the court deems the resignation to be determinative. percent who self-identify as either “very liberal” or “somewhat liberal.”

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JonathanTurley

FEBRUARY 1, 2024

San Diego) to change California’s Constitution to allow the state to fund programs aimed at “increasing the life expectancy of, improving educational outcomes for, or lifting out of poverty specific groups based on race, color, ethnicity, national origin, or marginalized genders, sexes, or sexual orientations.” This the Constitution forbids.”

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JonathanTurley

NOVEMBER 16, 2022

Last night, after announcing his candidacy for the presidency in 2024, Trump declared that he wants a lifetime ban on former lawmakers becoming lobbyists. The Court has also held that lobbying is protected under First Amendment activity. Superior Court Trial Lawyers Ass’n, 493 U.S. The question is how to combat it.

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JonathanTurley

JULY 15, 2022

The President and the Court appear in agreement. Here is the column: “Consider the challenge accepted, Court.” ” Ironically, it was the only part of the president’s remarks that is consistent with what the court actually said in its decision in Dobbs v. .” Jackson Women’s Health Organization.

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Constitutional Law Reporter

APRIL 4, 2024

Supreme Court unanimously held in Trump v. Anderson , 601 U.S. _ (2024), that states can’t remove former President Donald Trump from 2024 presidential primary ballots for his role in the events of January 6, 2021. Supreme Court’s Decision The Supreme Court unanimously reversed. “We

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Constitutional Law Reporter

FEBRUARY 19, 2024

The Supreme Court will soon hear oral arguments in Trump v. Anderson , which will determine whether President Donald Trump may remain on the 2024 presidential primary ballot in the State of Colorado. Accordingly, the court denied the petition to keep President Trump off the presidential primary ballot. Supreme Court.

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JonathanTurley

DECEMBER 21, 2023

Below is my column in the New York Post on the next step in the effort to disqualify former president Donald Trump in 2024 election. I believe that the opinion will be set aside, but it is not finality but clarity that we need from the United States Supreme Court. The Supreme Court plays a unique role in our system at times like these.

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JonathanTurley

AUGUST 30, 2023

Not only are defendants scattering, but some are seeking to go to federal court where the trial would not likely be televised, as the Georgia prosecutors reportedly want. Regardless of the ruling of the court, it is likely to be appealed. However, Willis is trying to hold together a case to try them en masse and in state court.

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JonathanTurley

DECEMBER 26, 2023

Below is my column in The Messenger on the Supreme Court’s rejection of the motion by Special Counsel Jack Smith to curtail the appellate review of Donald Trump’s claim of immunity. The Supreme Court, however, resisted such demands in a decision that declined to create a fast-track to favor the Special Counsel.

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JonathanTurley

DECEMBER 21, 2023

” Those words from New York Times editorial board member Mara Gay on MSNBC captured the unhinged coverage of the Colorado Supreme Court’s disqualification of Donald Trump from the 2024 election. So those three Democratic appointees on the Colorado Supreme Court were just more confederate fellow travelers.

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JonathanTurley

FEBRUARY 5, 2024

Below is my column in The Hill on the worsening situation at the Southern border and how the Supreme Court laid the seeds for this crisis over a decade ago. The courts have left few options for either the states or Congress in compelling the enforcement of federal law. They have often found the courts closed to them.

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JonathanTurley

OCTOBER 29, 2023

.” There is widespread support for barring attacks on court staff and Trump did attack the Court’s clerk in a prior posting. In my view, criticism of the case, the court, and the prosecutor should be treated as protected speech. Where to draw this line is the subject of this column. District Judge Tanya S.

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JonathanTurley

JUNE 30, 2023

The defense could come at a cost at trial, but it is a calculated risk for the court of public opinion. The odds are against Trump on ultimately prevailing with that argument in the courts. The bravado defense is likely to play better with the public than a court. Trump repeated that defense this week.

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JonathanTurley

JANUARY 9, 2024

As Democrats ramp up their efforts for the 2024 election, some are dangling an old enticement from 2020: if we win, we can pack the Court. In the last election, President Joe Biden refused to say if he favored packing the Court. who has questioned the need for a Supreme Court. Alexandria Ocasio-Cortez (D-N.Y.)

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JonathanTurley

JANUARY 17, 2021

Moreover, if a court were to later declare the trial unconstitutional, it would be seen as a vindication of Trump, who has long maintained that the Washington establishment has been using any means to keep him from office.

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