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US appeals court partially revives lawsuit claiming viewpoint discrimination against anti-abortion protesters

JURIST

To successfully plead this cause of action, a plaintiff must demonstrate that (1) they were similarly situated in material respects to other individuals against whom the law was not enforced and (2) the selective enforcement infringed on a constitutional right.

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South Carolina judge temporarily blocks new six-week abortion ban

JURIST

McMaster responded to the judge’s ruling, writing, “We will continue fighting to protect the lives of the unborn in South Carolina and the constitutional law that protects them. The lawsuit lists 17 causes of action in favor of enjoining the ban.

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Supreme Court Rules Federal Agencies Can Be Sued Under Fair Credit Reporting Act

Constitutional Law Reporter

The second is when a statute creates a cause of action and explicitly authorizes suit against a government on that claim. The post Supreme Court Rules Federal Agencies Can Be Sued Under Fair Credit Reporting Act appeared first on Constitutional Law Reporter. government.

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US Supreme Court hears oral arguments in case challenging FTC enforcement powers

JURIST

Moreover, they highlighted that the court has consistently upheld that district courts lack jurisdiction over such issues, arguing that the court should find Axon lacks valid cause of action on the grounds that the “commencement of a commission adjudication is not immediately reviewable” This case will be considered in conjunction with (..)

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SCOTUS Poised to Decide Fate of Chevron Doctrine

Constitutional Law Reporter

The justices have agreed to consider the following question: “Whether a person whose property is taken without compensation may seek redress under the self-executing takings clause of the Fifth Amendment even if the legislature has not affirmatively provided them with a cause of action.” Macquarie Infrastructure Corp.

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Supreme Court Rejects Cause of Action Under Bivens Against Border Patrol Agent

Constitutional Law Reporter

Supreme Court held that the authority of a court to imply a cause of action under Bivens v. While the Court did not overrule Bivens , it did emphasize that recognizing a Bivens cause of action is “a disfavored judicial activity.”. In Egbert v. Boule , 596 U.S. _ (2022), the U.S. Border Patrol agent. Border Patrol agent.

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Supreme Court Clarifies Scope of Alien Tort Statute

Constitutional Law Reporter

Because making ‘operational decisions’ is an activity common to most corporations, generic allegations of this sort do not draw a sufficient connection between the cause of action respondents seek—aiding and abetting forced labor overseas—and domestic conduct.”. “Pleading general corporate activity is no better,” he wrote.

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