SCOTUSBlog

JUNE 9, 2022

Courts, the administrative agency of the federal judiciary. Court-reform groups – most notably, the group Fix the Court – have complained that the delay in releasing the information contained in the disclosures makes it difficult to promptly identify potential conflicts and ethics violations. for his efforts. In her Sept.

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SCOTUSBlog

DECEMBER 2, 2022

Share The Supreme Court on Monday will revisit a long-simmering tension between legal protections for LGBTQ people and the rights of business owners who oppose same-sex marriage. Colorado counters that exempting Smith from the law would open a Pandora’s box that would “upend antidiscrimination law – and other laws too.”.

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SCOTUSBlog

FEBRUARY 21, 2022

Tribal courts are often the only immediately available forum to address violent crime in Indian Country, but the sentences they can impose are extremely limited and often insufficient. also a Navajo Nation citizen, on the Ute Mountain Ute Indian Reservation, which is located in Colorado, New Mexico, and Utah. On Tuesday, in Denezpi v.

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SCOTUSBlog

SEPTEMBER 21, 2023

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A person held in state prison can challenge the constitutionality of their criminal conviction in federal court through a legal tool known as a writ of habeas corpus. In Clements v.

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SCOTUSBlog

OCTOBER 30, 2022

Share Last term at the Supreme Court teemed with culture-war issues: guns , religion , climate change , COVID vaccines , and of course abortion. In 1978 , 2003 , and 2016 , the court affirmed that universities may consider applicants’ race as part of an effort to foster diversity on campus. Start with affirmative action.

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The Crime Report

JANUARY 4, 2023

But that hasn’t stopped some from promoting his methods and even deploying 911 call analysis in court to win convictions. She said she disguised 911 call analysis in court by “getting creative … without calling it ‘science.’”. “I Searches for 911 call analysis in national court dockets come up virtually empty too.

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JURIST

FEBRUARY 14, 2024

Biggs claimed that despite the act’s passage, US Attorney General Merrick Garland told Marshals to “avoid arresting protestors” at the homes of multiple Supreme Court Justices after a leaked copy of the court’s proposed ruling in the abortion rights case Dobbs v. Jackson Women’s Health circulated.

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ClimateChange-ClimateLaw

OCTOBER 20, 2020

Federal Court in Rhode Island Allowed Failure-to-Adapt Claims to Proceed. The federal district court for the District of Rhode Island for the most part denied a motion to dismiss a citizen suit asserting that Shell Oil Products US and other defendants (Shell) failed to prepare a terminal in Providence for the impacts of climate change.

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SCOTUSBlog

JULY 2, 2021

Montana Department of Revenue , the Supreme Court ruled that although states are not required to subsidize private education, states that choose to do so cannot exclude religious schools from receiving funding simply because they are religious. A new case on public funding and religious education. Last year, in Espinoza v. In Carson v.

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SCOTUSBlog

JANUARY 12, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. At this Friday’s conference, the Supreme Court will vote to grant the last cases that will be argued this term (barring expedited briefing on some emergency matter). The court earlier asked for the U.S.

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SCOTUSBlog

OCTOBER 18, 2021

Share The Supreme Court on Monday morning added two new cases , both involving Native Americans, to its docket for this term. United States , the justices agreed to consider whether a prosecution in the Court of Indian Offenses can trigger the Constitution’s double jeopardy clause. The court’s opinion in Rivas-Villegas v.

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ClimateChange-ClimateLaw

NOVEMBER 16, 2020

Oregon Supreme Court Said Public Trust Doctrine Did Not Impose Obligation to Protect Resources from Climate Change. With respect to the scope of the doctrine, the Supreme Court said the public trust doctrine extends both to the State navigable waters and to the State’s submerged and submersible lands. (A FEATURED CASE.

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ClimateChange-ClimateLaw

JANUARY 13, 2021

The Ninth Circuit Court of Appeals vacated the Bureau of Ocean Energy Management’s (BOEM) approval of an offshore drilling and production facility off the coast of Alaska in the Beaufort Sea, finding that BOEM failed to comply with the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA). FEATURED CASE. 20-472 (U.S.

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ClimateChange-ClimateLaw

OCTOBER 7, 2019

Fourth Circuit Declined to Stay Remand Order in Baltimore’s Climate Case Against Fossil Fuel Companies; Companies Sought Stay from Supreme Court. Supreme Court. The district court previously extended the stay of the remand order pending the Fourth Circuit’s resolution of the companies’ stay motion.) BP p.l.c. ,

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JonathanTurley

NOVEMBER 19, 2020

749 (1985) the Supreme Court allowed a business to sue a credit reporting agency for defamation where the agency mistakenly reported that the business had filed for bankruptcy. Dominion appears to be a company with a Colorado headquarters. There could be lawsuits in Colorado or the place of the alleged defamation.

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SCOTUSBlog

JUNE 30, 2023

Share The court handed a major victory to business owners who oppose same-sex marriage for religious reasons on Friday. He explained that Colorado cannot “force an individual to speak in ways that align with its views but defy her conscience about a matter of major significance.” Roughly half of U.S. states have similar laws.

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Conflict of Laws

FEBRUARY 29, 2024

The thirty-seventh annual survey on choice of law in the American courts is now available on SSRN. Choice of Law The Eighth Circuit applied Mexican law to a suit against General Motors over a car crash in Mexico, while an Ohio state court applied South African law to invalidate a marriage. In Yegiazaryan v. In Abitron Austria GmbH v.

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ClimateChange-ClimateLaw

FEBRUARY 10, 2021

Circuit Court of Appeals ruled that the U.S. Environmental Protection Agency’s (EPA’s) Affordable Clean Energy Rule (ACE Rule) for greenhouse gas emissions from power plants rested on an erroneous interpretation of the Clean Air Act that barred EPA from considering measures beyond those that apply at and to an individual source.

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ClimateChange-ClimateLaw

MARCH 9, 2021

Hawai‘i Federal Court Sent Honolulu’s and Maui’s Climate Cases Back to State Court; Fossil Fuel Companies Appealed. The federal district court for the District of Hawai‘i remanded cases brought by the City and County of Honolulu and the County of Maui seeking to hold fossil fuel companies liable for climate change-related damages.

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ClimateChange-ClimateLaw

JUNE 8, 2021

In Baltimore’s Climate Case Against Fossil Fuel Companies, Supreme Court Held that Appellate Review of Remand Order Extends to All Grounds for Removal. The Court declined to review the companies’ other grounds for removal, finding that the “wiser course” was to allow the Fourth Circuit to address them in the first instance.

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ClimateChange-ClimateLaw

MAY 7, 2021

Supreme Court seeking review of the D.C. The states argued that the Supreme Court’s stay of the Clean Power Plan while it was under review by the D.C. The states argued that the Supreme Court’s stay of the Clean Power Plan while it was under review by the D.C. FEATURED CASE. The company argued that the D.C.

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ClimateChange-ClimateLaw

AUGUST 4, 2021

Washington Supreme Court Said Climate Activist Was Entitled to Present Necessity Defense Based on Evidence that Legal Alternatives Were Not “Truly Reasonable”. The Supreme Court reversed an intermediate appellate court’s decision affirming a superior court determination that the defendant could not present a necessity defense.

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ClimateChange-ClimateLaw

JULY 2, 2021

Louisiana Federal Court Blocked Biden Administration “Pause” on New Oil and Gas Leases. The federal district court for the Western District of Louisiana issued a nationwide preliminary injunction barring the Biden administration from implementing a “Pause” on new oil and natural gas leases on public lands or in offshore waters.

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ClimateChange-ClimateLaw

APRIL 9, 2021

The Second Circuit Court of Appeals affirmed the dismissal of New York City’s lawsuit seeking climate change damages from oil companies. The Second Circuit’s decision largely followed the reasoning of the district court’s 2018 decision. and Minnesota Federal Courts Remanded Climate Cases Against Fossil Fuel Industry.

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JonathanTurley

NOVEMBER 22, 2022

Lauren Boebert (R-CO) and Fox News host Tucker Carlson to face civil liability for their commentary on transgender policies or controversies after the recent tragic shooting in Colorado. The civil liability could come in the form of agency actions by the FCC against Fox, but that would not include a member of Congress.

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JonathanTurley

JUNE 20, 2021

Below is my column in USA Today on the remarkably united and non-ideological line of cases handed down by the Supreme Court. As Democratic leaders demand to pack the Court to create a liberal majority, the Court itself appears to be speaking through these cases. Religious freedom upheld in court. For example,?

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ClimateChange-ClimateLaw

NOVEMBER 7, 2017

Bankruptcy Court Said California City and Counties Could Not Sue Coal Company for Climate Change Impacts. A federal bankruptcy court in Missouri enjoined San Mateo and Marin Counties and the City of Imperial Beach (the plaintiffs) from pursuing their climate change lawsuits against Peabody Energy Corporation (Peabody). FEATURED CASE.

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JonathanTurley

DECEMBER 1, 2020

New York revealed a Court that seemed eager for an off-ramp rather than a merits ruling in the census dispute. Justices seemed skeptical of the Trump Administration’s interpretation of “persons” to exclude undocumented individuals while they also expressed skepticism that the Court needed to intervene at this stage.

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ClimateChange-ClimateLaw

FEBRUARY 10, 2020

In a split decision, the Ninth Circuit Court of Appeals ruled that young people and other plaintiffs asserting a claim against the federal government for infringement of a Fifth Amendment due process right to a “ climate system capable of sustaining human life” did not have Article III standing. One reason the petitioners asked the D.C.

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JonathanTurley

OCTOBER 3, 2022

Below is my column in The Hill on the start of the new Term for the Supreme Court. ” Does that make the three liberals justices voting together on the Court the “judicial arm of the Democratic Party”? .” That is, of course, manifestly true for the highest court in the land. I was wrong.

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SCOTUSBlog

FEBRUARY 8, 2024

Supreme Court takes the bench in Trump v. Anderson, about whether the Colorado Supreme Court erred in excluding former President Donald Trump from the state’s 2024 presidential primary ballot. 6, 2021, and whose report was admitted into evidence by the Colorado trial court. (I Jamie Raskin, D-Md.,

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