article thumbnail

Supreme Court Clarifies Scope of Alien Tort Statute

Constitutional Law Reporter

By a vote of 8-1, the Court held that to plead facts sufficient to support a domestic application of the Alien Tort Statute, 28 U.S.C. Where the statute does not apply extraterritorially, plaintiffs must establish that “the conduct relevant to the statute’s focus occurred in the United States. Facts of the Case.

Tort 59
article thumbnail

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

Constitutional Law Reporter

Given that the United States, as a sovereign, is generally immune from suits seeking money damages unless Congress chooses to waive that immunity, the Court’s “clear statement” rule allows a suit against the government only when “the language of the statute” is “unmistakably clear” in allowing it. government.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

SCOTUS Sides With Death Row Inmate in DNA-Testing Case

Constitutional Law Reporter

According to the Court majority, when a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations for a 42 U.S.C. The Court next turned to the key issue — when the clock on the two-year statute of limitations began to run. The District Court dismissed Reed’s complaint.

Statute 52
article thumbnail

SCOTUS Poised to Decide Fate of Chevron Doctrine

Constitutional Law Reporter

The Court’s Chevron decision established a bedrock principle of administrative law. Under Chevron , courts must defer to a federal agency’s reasonable interpretation of an ambiguous statute that the agency is charged with administering, even if they are inclined to rule another way. The cases before the Court, Relentless, Inc.

Statute 52
article thumbnail

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

JURIST

In Monday’s oral argument, Paul Clement, on behalf of Axon, stated that the company is “challenging the constitutionality of statutes that insulate agency officials” and violate due process rights by “denying access to courts.”

Court 118
article thumbnail

Supreme Court Clarifies When Public Officials Can Be held Liable for Social Media Activity

Constitutional Law Reporter

In reaching its decision, the Court emphasized that Section 1983 provides a cause of action against “[e]very person who, under color of any statute, ordinance, regulation, custom, or us- age, of any State ” deprives someone of a federal constitutional or statutory right.

Court 52
article thumbnail

Supreme Court Upholds Corporate Personal Jurisdiction Laws

Constitutional Law Reporter

Mallory also cited that Pennsylvania requires out-of-state companies that register to do business in the Commonwealth to agree to appear in its courts on “any cause of action” against them. The Pennsylvania Supreme Court sided with Norfolk Southern, holding that the Pennsylvania law violated Due Process.

Court 52