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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Constitutional Law Reporter

MAY 21, 2024

Louis, Missouri , 601 U.S. _ (2024), the U.S. Supreme Court unanimously held that an employee challenging a job transfer under Title VII of the Civil Rights Act of 1964 must show that the transfer brought about some harm with respect to an identifiable term or condition of employment, but that harm need not be significant. City of St.

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JonathanTurley

JANUARY 12, 2024

” Putting aside the assumption that the executive branch would go along with the massive purge, the suggestion is that neither the Congress nor the courts would move to stop the killing or confinement of all reporters and LGBTQ citizens. Many things will be on the ballot in 2024, but democracy is not one of them.

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Constitutional Law Reporter

FEBRUARY 28, 2024

Kirtz , 601 U.S. _ (2024), the U.S. Supreme Court held that a consumer may sue a federal agency under 15 U.S.C. §§ 1681n and 1681o for failing to comply with the terms of the Fair Credit Reporting Act (FCRA). While the District Court sided with the USDA, the Third Circuit Court of Appeals reversed. government.

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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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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

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

APRIL 30, 2024

Georgia , 601 U.S. _ (2024), the U.S. Supreme Court held that the State of Georgia can’t retry a defendant acquitted of murder by reason of insanity. We simply cannot know why the jury in McElrath’s case acted as it did, and the Double Jeopardy Clause forbids us to guess,” the Court held. “To Supreme Court. In McElrath v.

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Constitutional Law Reporter

MAY 14, 2024

LLC , 601 U.S. _ (2024), the U.S. Supreme Court held that the Federal Arbitration Act’s (FAA) exemption for transportation workers in interstate commerce applies to transportation workers regardless of whether they work in the transportation industry. Supreme Court’s Decision The Supreme Court unanimously reversed. “A

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Constitutional Law Reporter

JANUARY 17, 2024

Supreme Court recently agreed to take on another controversial abortion dispute. The decision will be closely watched given the Court’s decision in Dobbs v. Jackson Women’s Health Organization , which abolished the constitutional right to an abortion. Issues Before the Supreme Court The FDA appealed to the U.S.

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Constitutional Law Reporter

APRIL 10, 2024

Freed , 601 U.S. _ (2024), the U.S. Supreme Court ruled that public officials may be held liable for their social media activity in certain circumstances. The Sixth Circuit Court of Appeals affirmed. The Sixth Circuit Court ruled that Freed was not liable because he maintained his Facebook page in his personal capacity.

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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

JANUARY 24, 2024

Supreme Court’s January docket features several closely watched cases involving constitutional law. The Arizona Court of Appeals affirmed the conviction, holding that Longoni’s testimony did not violate the Confrontation Clause. Issues Before the Supreme Court In appealing to the U.S. In Smith v.

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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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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

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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JonathanTurley

MAY 29, 2024

” That mantra of President Joe Biden and other democrats has suggested that “this may be our last election” if the Republicans win in 2024. California has always prided itself on the ability of citizens to vote on changes in the law directly through referendums and ballot measures. “Democracy is on the ballot.”

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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

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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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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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 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

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

JULY 28, 2023

District Court for the District of Delaware. Jonathan Turley, an attorney, constitutional law scholar and legal analyst, is the Shapiro Chair for Public Interest Law at The George Washington University Law School. Most everyone was in on the fix, from members of Congress to the media to the prosecutors.

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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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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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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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JonathanTurley

JANUARY 3, 2024

Below is my column in The Messenger on the challenge facing the Supreme Court in the coming week over the electoral disqualification of former president Donald Trump in Colorado and Maine. The appeal in Maine has been filed and can now work its way up to the Court. Colorado is expected to file with the Court this week.

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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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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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JonathanTurley

AUGUST 21, 2023

There is a spirited debate growing among law professors over the claim that former president Donald Trump is disqualified under the 14th Amendment from holding office. Various law professors have argued that Trump is already barred, even without a charge or conviction for insurrection or even incitement. 6 attack on the U.S.

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The Crime Report

MAY 24, 2021

Asserting a strict interpretation of the 1788 Constitution and relying on relevant commentary and precedent since then, two constitutional law professors argue that in the unlikely event of a prosecution?and Supreme Court, and the intersection of law and technology. and conviction?Trump

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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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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

JANUARY 5, 2024

These efforts show how this theory could place this country on a slippery slope to political chaos if not clearly and finally rejected by the Supreme Court. Of course, he ignores Democratic members who sought to block certification of Republican presidents under the very same law with no factual or legal basis. Scott Perry.

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JonathanTurley

JUNE 29, 2023

After months of dire predictions of a coup in the making, the Court overwhelmingly rejected the underlying “independent state legislature,” as some of us predicted. Harper, in which North Carolina legislators argued that state courts could not override state legislatures on federal election districts.

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JonathanTurley

DECEMBER 28, 2023

The office of Secretary of State Jena Griswald issued a statement that, since the appeal was filed with the Supreme Court, Trump’s name will remain on the ballot “unless the U.S. Supreme Court declines to take the case or otherwise affirms the Colorado Supreme Court ruling.” Supreme Court.

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