Constitutional Law Reporter

AUGUST 28, 2023

Supreme Court unanimously held that the Constitution permits the retrial of a defendant following a trial in an improper venue conducted before a jury drawn from the wrong district. The District Court concluded that factual disputes related to venue should be resolved by the jury and denied Smith’s motion to dismiss without prejudice.

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Constitutional Law Reporter

AUGUST 16, 2023

Supreme Court unanimously held that the Constitution permits the retrial of a defendant following a trial in an improper venue conducted before a jury drawn from the wrong district. The District Court concluded that factual disputes related to venue should be resolved by the jury and denied Smith’s motion to dismiss without prejudice.

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Paralegal Bootcamp

NOVEMBER 18, 2022

The partner tells me that the DC partner was the head of the firm’s pro bono department, and I’d be the lead litigation paralegal on a case involving a civil rights violation in Alabama prisons. But here was the catch…all of the documents that were being produced by the state’s prison system weren’t in some admin building in Birmingham.

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Constitutional Law Reporter

OCTOBER 9, 2023

Supreme Court held that challengers showed a reasonable likelihood of success on their claim that an Alabama Congressional redistricting plan likely violated Section 2 of the Voting Rights Act. In reaching its decision, the Court confirmed that the Voting Rights Act prohibits discriminatory effects, not just discriminatory intent.

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Constitutional Law Reporter

MAY 3, 2021

Supreme Court again clarified when juveniles can receive life sentences. By a vote of 6-3, the Court held that the Eighth Amendment doesn’t require a sentencer to find that a juvenile is permanently incorrigible prior to imposing a sentence of life without parole. The Supreme Court subsequently decided Miller v. In Jones v.

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Constitutional Law Reporter

JANUARY 1, 2024

Constitutional law took center stage in many U.S. Supreme Court and the New Jersey Supreme Court cases decided in 2023. At the nation’s highest Court, the six-member conservative majority continued its trend of issuing transformative decisions, most notably in its landmark decision effectively ending affirmative action.

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JonathanTurley

APRIL 23, 2021

Sullivan, sued for defamation and won under Alabama law. Sullivan’s lawsuit was one of a number of civil actions brought under state laws that targeted Northern media covering the violence against freedom marchers. seven times. The Montgomery Public Safety commissioner, L. He was awarded $500,000 — a huge judgment for the time.

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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. In Haaland v.

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JonathanTurley

AUGUST 16, 2021

Last week, a federal court did something that would seem not just counterintuitive but impossible under our legal system: it upheld an agency order despite the clear lack of authority to issue it. The order – to renew a moratorium on evictions – is a constitutional zombie that is neither alive nor dead. But the Court’s hands are tied.

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JonathanTurley

FEBRUARY 7, 2023

Judge Colleen Kollar-Kotelly in the District Court for the District of Columbia has caused a bit of a stir after a hearing in a criminal case where she called for briefing on the alternative grounds for the right to an abortion. The theory runs against the text, history, and case law of the Thirteenth Amendment. Alabama , 219 U.S.

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JURIST

APRIL 13, 2022

Two doctors joined two parents on behalf of their minor children to file a complaint Tuesday in federal court against the governor and the district attorneys of Alabama, Shelby County, and Jefferson County, to block Alabama’s Vulnerable Child Compassion and Protection Act (“VCCPA”) from going into effect on May 8, 2022.

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SCOTUSBlog

APRIL 9, 2021

Share President Joe Biden will issue an executive order to create a commission to study potential reforms to the Supreme Court, the White House announced on Friday. In its statement, the White House indicated that the commission will be a bipartisan one, made up of experts “on the Court and the Court reform debate.” Cristina M.

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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

MARCH 21, 2021

Sullivan, sued for defamation and won under Alabama law. Sullivan’s lawsuit was one of a number of civil actions brought under state laws that targeted Northern media covering the violence against freedom marchers. seven times. The Montgomery Public Safety commissioner, L. He was awarded $500,000 — a huge judgment for the time.

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JonathanTurley

DECEMBER 17, 2021

Newsom’s gun ‘heartbeat’ law. Newsom tapped into the liberal rage after the Supreme Court refused to enjoin the Texas law that allows people to sue anyone who “aids or abets” an abortion performed after about six weeks. I think it’s a big ‘F–k you’ to the Supreme Court.”.

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JonathanTurley

DECEMBER 3, 2023

That eagerness could prove the court’s undoing, however. The New York law is unique in allowing massive penalties without the loss of a single dollar by a bank. However, James wants dissolution and crippling damages, and that could trigger a higher-court review. Supreme Court decided a case, BMW of North America v.

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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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SCOTUSBlog

APRIL 13, 2022

During his time as an associate justice from 1877 to 1911, he broke with his colleagues in some of the most consequential – and infamous – rulings that the court has ever issued. Later, Robert sent John a series of letters offering political advice and sharing his efforts to promote John for a Supreme Court appointment.

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JonathanTurley

AUGUST 4, 2021

As I discussed yesterday , I was astonished by the remarks of President Joe Biden on his support for extending the eviction moratorium, which was found to be unconstitutional by lower courts. It was later preserved by a divided Supreme Court despite the view of a majority that it was unconstitutional.

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SCOTUSBlog

MARCH 7, 2022

Share The Supreme Court on Monday refused to block orders by courts in North Carolina and Pennsylvania that threw out the congressional maps enacted by the states’ Republican legislatures and replaced them with maps drawn by the trial courts. 23, the state supreme court refused to put the expert’s map on hold.

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JonathanTurley

JULY 24, 2023

Below is my column in the Hill on the call of professors for President Joe Biden to simply defy the Supreme Court and decide for himself what is constitutional and what is not. Here is the column: “ I shall resist any illegal federal court order.” The first is from segregationist Alabama Gov. George Wallace (D).

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JonathanTurley

DECEMBER 27, 2020

The threat to the free press is obvious and was the basis for foundational court decisions. Sullivan, sued for defamation and won under Alabama law. Sullivan’s lawsuit was one of a number of civil actions brought under state laws that targeted Northern media covering the violence against freedom marchers. seven times.

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JonathanTurley

SEPTEMBER 17, 2021

The Administration lost a number of unilateral moves by Biden on the basis of the Administrative Procedures Act (APA), a law requiring the government to consider objections and countervailing facts before making final decisions. In its 5-4 decision in Alabama Association of Realtors v. It should sound familiar.

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JonathanTurley

JUNE 7, 2021

It was not created in or for the Jim Crow era — and Cato the Younger was not the junior senator from Alabama. For example, many senators want to add as many as four new Supreme Court justices to give liberals an instant, controlling majority on the court. There also is a demand to make D.C. the 51st state.

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JonathanTurley

NOVEMBER 14, 2022

A federal court found a non-racial purpose in the law to require a majority-supported election as a “bedrock ingredient of democratic political philosophy.” That part of the opinion was upheld by the appellate court , though the court was reversed on other grounds.

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SCOTUSBlog

JUNE 26, 2023

Share The Supreme Court on Monday added two new cases to its docket for the 2023-24 term, involving educational benefits for veterans and a rare appearance by the 16th Amendment. A Washington state couple, Charles and Kathleen Moore, went to federal court to challenge the tax. In Moore v. In the second case, Rudisill v.

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JonathanTurley

MARCH 31, 2021

In my view, the lawsuit contravenes free speech as well as controlling case law from the Supreme Court. That claim runs directly counter to the controlling case law. In rejecting a suit against the church on constitutional grounds, Chief Justice John Roberts wrote: “Speech is powerful. .” In Brandenburg v.

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JonathanTurley

AUGUST 27, 2021

The Biden Administration has racked up a long line of losses in federal courts in what is one of the worst records in the first six months of any modern presidency. This week the Supreme Court ruled 6-3 to strike down President Biden’s renewal of the controversial eviction moratorium. The latest is one of the most disturbing.

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JonathanTurley

FEBRUARY 7, 2022

.” (Elias was previously accused of lying to conceal the Clinton campaign’s funding of the Steele dossier, has sought to reverse election results, and has been sanctioned by the courts). While the Supreme Court said in 2019 that political gerrymandering is constitutional in Rucho v.

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JonathanTurley

AUGUST 9, 2021

.” Now, six months into his presidency, Biden is openly flouting the Constitution with a knowingly invalid extension of the eviction moratorium — and some law professors and advocates on the left are cheering him for it. After all, the law was designed to control disease, not democracy, as a public health priority.

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