SCOTUSBlog

OCTOBER 28, 2022

Last year, the court restricted the ability of state prisoners to develop new evidence to support claims that their attorneys failed to investigate leads that could have shown they were factually innocent. In the Supreme Court’s habeas corpus jurisprudence, the answer is never simple. In 2019, the court ruled in Rehaif v.

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JonathanTurley

JUNE 7, 2023

Yesterday, the United States Court of Appeals for the Third Circuit handed down a major ruling in favor of the Second Amendment rights of ex-felons. At issue was the federal “felon-in-possession” law—18 U.S.C. § The federal law makes it “unlawful for any person. Attorney General United States

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Conflict of Laws

MAY 31, 2021

Jurisdiction is a fundamental aspect of Nigerian procedural law. In Nigerian judicial parlance, we have become accustomed to the principle that the issue of jurisdiction can be raised at any time, even at the Nigerian Supreme Court – the highest court of the land – for the first time. [1]

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JonathanTurley

MAY 12, 2021

In a major but likely controversial victory for free speech, the United States Court of Appeals for the Fourth Circuit overturned the conviction of a retired Air Force Colonel for using a racial epithet at the shoe store on the Marine base at Quantico in Virginia. 568, 572 (1942), the Court has sharply abridged the application that exception.

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JonathanTurley

JUNE 30, 2021

Bill Cosby is a free man after the Pennsylvania Supreme Court overturned the conviction that sent him to jail roughly three years ago to serve 3-10 years for sexual assault. He proceeded to incriminate himself in what the Court said was a bait-and-switch. The court yielded to prosecutorial demands that were facially unconstitutional.

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JonathanTurley

MAY 19, 2021

The case could present an important court test for this country in resisting the criminalization of speech that we have seen in Europe. One of the greatest threats to free speech is the chilling effect caused by ambiguous or vague standards like the one contained in this statute. Free speech demands bright lines. Mosley , 408 U.S.

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Constitutional Law Reporter

JANUARY 10, 2022

Supreme Court held in Whole Woman’s Health v. Jackson that abortion providers may bring a pre-enforcement challenge in federal court as one means to test whether Texas’ s strict abortion law violates the U.S. Constitution, albeit only against certain state medical licensing officials. 8 violates the Constitution.

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JonathanTurley

SEPTEMBER 2, 2023

We recently discussed a federal court ruling that the Texas law requiring age verification and warning for porn sites was unconstitutional. Now, Judge Timothy Brooks in Arkansas has found that another state law imposing age verification requirements for social media violates the First Amendment. In Netchoice, LLC v.

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JonathanTurley

NOVEMBER 15, 2022

The move is relatively rare since the Younger abstention doctrine ordinarily shields state prosecutions from such interventions of federal courts. However, the court highlighted deep flaws in the prosecutorial case. The court expresses grave doubts that the charges were brought with “any hope of obtaining a valid conviction.”

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SCOTUSBlog

JULY 21, 2021

Share The Presidential Commission on the Supreme Court reconvened on Tuesday to hear from a new set of experts on various ideas for Supreme Court reform. President Joe Biden appointed the 36-member commission to write a report on various court-reform options. Another consideration is the proper means of implementing term limits.

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Constitutional Law Reporter

JUNE 9, 2022

Supreme Court held that federal courts lack jurisdiction to review facts found as part of any judgment relating to the granting of discretionary relief in immigration proceedings enumerated under 8 U.S.C. 1255 , which would have made Patel and his wife lawful permanent residents. No court may even hear the case.

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SCOTUSBlog

DECEMBER 31, 2022

Share At the end of each year, SCOTUSblog remembers some of the people whose lives and work left an imprint on the Supreme Court. From legendary lawyers to lesser-known activists, journalists, and plaintiffs, the following individuals who died in 2022 all shaped the court and the law in their own ways. David Beckwith (Oct.

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JonathanTurley

FEBRUARY 9, 2024

It has been 65 years since Hawaii became a state, but the Hawaiian Supreme Court appears to be having second thoughts. In an extraordinary ruling, the unanimous Supreme Court rejected the holdings of the United States Supreme Court on the Second Amendment as inapplicable to the 50th state. On Wednesday, in State v.

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SCOTUSBlog

JUNE 27, 2022

Share This article is part of a symposium on the court’s decision in New York State Rifle & Pistol Association v. Barnett is the Patrick Hotung professor of constitutional law at the Georgetown University Law Center and the faculty director of the Georgetown Center for the Constitution. I would think not.

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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

JUNE 9, 2023

California Attorney General Rob Bonta (D) chimed in, declaring the flight from Florida might be “ State-sanctioned kidnapping.” Attorney for the District of Massachusetts, announced that she was taking a look, “long and hard,” at potential charges. The reason is that these claims are made for cable news, not courts of law.

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JonathanTurley

DECEMBER 15, 2021

Florida Southern District Court. He argues that the court is allowed to take “judicial notice” of the agreement in light of the fact that it has been used previously in court, including the voluntary dismissal of her battery claims against Epstein’s former attorney, Alan Dershowitz in a parallel case.

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LexForti

DECEMBER 16, 2021

The Canadian Supreme Court passed a historic yet highly controversial judgement [ Toronto (City) v. Ontario (Attorney General) , 2021 S.C.C. Unwritten Constitutional Principles cannot be used as a device for invalidating legislation, that does not otherwise infringe the written constitutional provisions’.

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JonathanTurley

NOVEMBER 8, 2022

We previously discussed Fetterman’s recent effort to enlist the firm of controversial Clinton lawyer Marc Elias to get a federal court to strike down a Pennsylvania election provision. The federal officials would have the edge in such a court challenge. Now Florida Gov.

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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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JonathanTurley

FEBRUARY 3, 2022

attorney and Trump advisor Rudy Giuliani; former Deputy White House Communications Director Julia Hahn; and former White House Director of Social Media and Deputy Chief of Staff for Communications Daniel Scavino, Jr. . It also seeks nominal, compensatory, consequential, and punitive damages; and attorneys’ fees and costs.

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JonathanTurley

JUNE 11, 2021

Below is my column in The Hill on the recent decisions of Attorney General Merrick Garland to support the prior positions taken by his predecessor, William Barr, on issues ranging from the Lafayette Park protests to immigration to withholding information related to the Mueller investigation.

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JonathanTurley

JUNE 17, 2022

After the riot, District of Columbia Attorney General Karl Racine announced that he was considering arresting Trump, Donald Trump Jr., It was due to the paucity of direct evidence of a crime that would hold up in court. Indeed, such a claim would contradict controlling Supreme Court precedent. Those are plenty to start with.”.

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JonathanTurley

JUNE 29, 2022

Attorney General Dana Nessel has lost the Flint case in spectacular fashion this week. In an unanimous 6-0 ruling, the Michigan Supreme Court held that her office committed a fatal and inexplicable error in prosecuting nine officials for the Flint water crisis, including former Gov. Rick Snyder. Now the cases have been tossed out.

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The Crime Report

MAY 24, 2021

New York Attorney General Letitia James’ announcement last week that her office was “actively investigating the Trump Organization in a criminal capacity” has added to the former president’s legal worries, but the biggest landmine believed to threaten his political future has yet to be detonated. Capitol on Jan. and conviction?Trump

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JonathanTurley

APRIL 13, 2024

While some legal analysts continue to boost Hunter Biden’s legal claims, the reviews in actual courts are far less glowing. It also does not address the fact that the Justice Department not only allowed the statute of limitations to run on major crimes, but sought to finalize an obscene plea agreement with no jail time for Hunter.

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SCOTUSBlog

NOVEMBER 30, 2021

Numerous groups attack the viability standard that the court adopted in Roe v. Many amici focus on the principle of stare decisis – and urge the court not to follow it in this case. They say Roe and Casey are not worthy of the deference that the court typically affords to its prior decisions. The viability framework.

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JonathanTurley

APRIL 2, 2022

District Court for the Central District of California this week have electrified commentators across the networks and the Internet. The declarations by the court have led to a frenzy in the media and renewed calls for the prosecution of the former president. Attorney General Racine that he was pursuing possible charges.

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JonathanTurley

MAY 11, 2024

Elias have been previously sanctioned in court and accused of lying in the Steele dossier scandal by journalists and others. District Judge James Peterson ruled against the lawsuit brought by the Elias Law Group, arguing that the witness requirement violated the Voting Rights Act of 1965 and Civil Rights Act of 1964. Stat. §§ 6.02

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JonathanTurley

AUGUST 26, 2023

However, the greatest case for an impeachment inquiry was made by Attorney General Merrick Garland himself. the case for an inquiry came from a most unlikely source: Attorney General Merrick Garland. Attorney David Weiss was a growing concern for many observers. For House Speaker Kevin McCarthy (R-Calif.),

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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. attorney Patrick Malone, who previously filed ethics complaints against lawyers representing the Trump campaign or the Republican party. COUNT FOUR (Violation of a Public Safety Statute: D.C. In Brandenburg v.

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JonathanTurley

DECEMBER 7, 2020

From bribery statutes to constitutional provisions, legal experts routinely and unfailingly conclude that Trump or his family can be prosecuted or impeached for an endless array of misdeeds. Even theories denied by the Supreme Court are seen as valid when used against Trump. I held that position before Trump took office.

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SCOTUSBlog

MARCH 21, 2022

Share With all eyes focused on the nomination hearing for Judge Ketanji Brown Jackson, selected by President Joe Biden to succeed the retiring Justice Stephen Breyer, the Supreme Court was back to work on Monday morning. The legislators then came to the Supreme Court, which agreed last fall to weigh in. In Berger v. But the U.S.

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JonathanTurley

NOVEMBER 21, 2020

Now, the Michigan Attorney General and others are suggesting that Republicans who oppose certification or even meet with President Donald Trump on the issue could be criminally investigated or charged. Some of these questions are being addressed in the courts. And yet, it’s back. In Kelly v. who refused to endorse then-Gov.

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JonathanTurley

JULY 4, 2021

Below is my column in USA Today on the Supreme Court’s rejection of the challenge to the Arizona’s new election rules. The 6-3 decision undermines the claims raised in the new challenge to Georgia’s election law. The lower courts divided on the question. Some rejected the discrimination claims.

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