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SCOTUS Kicks Off February Sitting With Oral Arguments in Three Cases

Constitutional Law Reporter

The issues before the Court involved Native American law and immigration. United States : The case involves the Constitution’s double jeopardy clause and how it applies toa prosecution in the Court of Indian Offenses. Under the Immigration and Nationality Act ( 8 U.S.C. The justices heard oral arguments in three cases.

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Fifth Circuit Blocks Texas SB 4 and Rejects the Invasion Theory Under State War Clause

JonathanTurley

Many of us had predicted this result given the prior precedent of the Supreme Court on the federal preemption of state immigration laws. ” I also previously discussed how this interpretation would fail due to the text, intent, and history of the underlying constitutional provision. The legal difference is obvious.

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SCOTUS Leaves Title 42 in Place Temporarily

Constitutional Law Reporter

In Arizona et al. Supreme Court agreed to keep the federal government’s Title 42 policy in place while legal challenges continue. Arizona and 18 other States moved to intervene to challenge the district court’s ruling, arguing that the federal government would not defend the Title 42 orders as vigorously as they might.

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August 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Washington Supreme Court Said Climate Activist Was Entitled to Present Necessity Defense Based on Evidence that Legal Alternatives Were Not “Truly Reasonable”. Ninth Circuit Affirmed Rejection of NEPA Challenges to Immigration Policies. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 148. FEATURED CASE. Biden , No.

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Invasion or Evasion? Crisis at the Border is a Political, not a Constitutional Problem

JonathanTurley

Below is my column in the Hill on the effort to declare an “invasion” along the Texas border to allow the state to take greater control along the border to stem the flow of illegal immigrants. Greg Abbott signed an order allowing Texas law enforcement to return illegal immigrants apprehended in the state back to the U.S.