Constitutional Law Reporter

JULY 19, 2023

Colorado , 600 U.S. _ (2023), the U.S. Supreme Court held that to establish that a statement is a “true threat” unprotected by the First Amendment, the state must prove that the defendant had some subjective understanding of the statements’ threatening nature, based on a showing no more demanding than recklessness. In Counterman v.

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ClimateChange-ClimateLaw

MAY 12, 2023

In total, at least 25 cases have been filed in California, Colorado, Connecticut, Delaware, Hawai’i, Maryland, Minnesota, New Jersey, New York, Rhode Island, South Carolina, and Vermont. The Supreme Court sided with the fossil fuel company defendants, ruling that appellate courts could review all grounds of the remand order.

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SCOTUSBlog

SEPTEMBER 3, 2022

The state appeals court affirmed, in reliance on a Massachusetts Supreme Court decision that held a jury may observe a defendant’s conduct during trial. Believing that the jury’s question resulted in the difference in outcome, Ruiz challenged the consideration of his courtroom demeanor on appeal. Counterman v.

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JonathanTurley

JUNE 29, 2021

The Tenth Circuit upheld the district court decision in favor of the IRS and its authority to conduct the audit. Thomas noted that in 2005 a fractured divided court ruled Gonzales v. Peter Hermes, Kevin Desilet, Samantha Murphy, and John Murphy refused to verify their tax liabilities because they feared criminal prosecution.

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SCOTUSBlog

DECEMBER 7, 2022

After a few slow weeks on the relist front, the Supreme Court came roaring back this week with four newly relisted petitions that, if granted, will likely be added to the March 2023 argument calendar. Colorado , 22-138. Two years ago, in United States v. relisted after the Nov. 18 and Dec. 2 conferences). Counterman v.

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Broadcast Law Blog

SEPTEMBER 6, 2011

Numerous courts in the years since have agreed with that position – allowing secured creditors to enforce their liens on the proceeds of a sale of an FCC license (both broadcast and non-broadcast licenses) in bankruptcy, and the FCC's own practice and its discussions of related issues in subsequent cases seem to confirm this position.

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Constitutional Law Reporter

JULY 25, 2023

Supreme Court held that the First Amendment prohibits Colorado from forcing a website designer to create expressive designs speaking messages with which the designer disagrees. Ultimately, the district court held that Smith was not entitled to the injunction she sought. The Tenth Circuit Court of Appeals affirmed.

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SCOTUSBlog

FEBRUARY 21, 2022

also a Navajo Nation citizen, on the Ute Mountain Ute Indian Reservation, which is located in Colorado, New Mexico, and Utah. Denezpi, a citizen of the Navajo Nation, is accused of a July 2017 sexual offense against V.Y., Code of Federal Regulations.

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ClimateChange-ClimateLaw

JULY 6, 2017

Exxon Mobil Corporation (Exxon) argued to the federal district court for the Southern District of New York that its lawsuit against the attorneys general of New York and Massachusetts to bar their investigations into Exxon’s climate change-related disclosures should not be dismissed. ADDITION TO THE NON-U.S. CLIMATE LITIGATION CHART.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

The federal district court for the District of Columbia granted BLM’s and federal officials’ motion for voluntary remand without vacatur of claims that they failed to comply with NEPA in connection with 27 oil and gas leasing decisions across Colorado, Utah, Wyoming, New Mexico, and Montana between September 2016 and March 2019.

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The Crime Report

JANUARY 4, 2023

A sheriff’s sergeant in Colorado also read the FBI bulletin and, weeks later, asked Adams to analyze a 911 tape from a widow suspected of killing her husband. Local police asked the Colorado Bureau of Investigation to help find out who did it. She and Harpster wrote a report of their findings. “OK

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ClimateChange-ClimateLaw

OCTOBER 20, 2020

After District Court Declined to Enjoin Coal Company’s Road-Building Activities in Colorado, Tenth Circuit Entered Temporary Injunction. Forest Service adopted the North Fork Exception to the Colorado Roadless Rule in 2016, allowing for road construction related to coal mining in the Sunset Roadless Area. Bernhardt , No.

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SCOTUSBlog

JANUARY 13, 2021

Key steps in Trump Organization criminal probe stall as investigators await Supreme Court decision (Kara Scannell, CNN). Men’s Group Wants High Court To Overturn Male-Only Draft (Law360). Supreme Court to Consider NCAA Authority to Limit Student Athlete Scholarships (Hank Lacey, Law Week Colorado).

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At the Lectern

JANUARY 31, 2024

Supreme Court will review a Colorado Supreme Court decision disqualifying Donald Trump from appearing on the state’s 2024 ballot on grounds he violated section 3 of the federal Constitution’s 14th amendment by engaging in insurrection. There have been many amicus curiae briefs submitted in Trump v.

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ClimateChange-ClimateLaw

JANUARY 13, 2021

In December, six amicus briefs were filed in support of Baltimore—by state and local government groups, environmental groups, six senators, law professors who teach and write on civil procedure and the federal courts, 19 states and the District of Columbia, and Boulder County, San Miguel County, and the City of Boulder in Colorado.

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ClimateChange-ClimateLaw

OCTOBER 7, 2019

Colorado Federal Court Remanded Local Governments’ Climate Case to State Court. District Court Rejected Climate Change Arguments in Challenge to Listing Determination for Rio Grande Cutthroat Trout. The federal district court for the District of Colorado rejected arguments that the U.S. Rhode Island v.

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SCOTUSBlog

JANUARY 12, 2022

We’ll see if the court is persuaded. Elenis , 21-476 , presenting a recurring question the court first confronted in Masterpiece Cakeshop, Ltd. Moving on to potential blockbusters that don’t explicitly call on the court to overrule precedent. Then there’s 303 Creative LLC v. They invoke Rapanos v.

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JURIST

JANUARY 4, 2024

Former President Donald Trump filed an appeal Wednesday asking the US Supreme Court to reverse the Colorado Supreme Court decision barring him from the state’s ballot. The original decision will now be on hold until the US Supreme Court rules on the appeal.

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JURIST

FEBRUARY 8, 2024

The US Supreme Court has begun hearing oral arguments in former President Donald Trump’s appeal of a Colorado Supreme Court decision to remove the former president from the state’s primary election ballot in the upcoming 2024 presidential election cycle. The landmark case of Trump v.

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The Crime Report

DECEMBER 1, 2022

A recent Pew Research Center survey found that more Americans view the Supreme Court as ‘friendly’ toward religion and that LGBTQ Americans reported harm to their communities following recent Supreme Court decisions. .

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Constitutional Law Reporter

APRIL 4, 2024

Facts of the Case Six months before the March 5, 2024, Colorado primary election, four Republican and two unaffiliated Colorado voters filed a petition against former President Trump and Colorado Secretary of State Jena Griswold in Colorado state court.

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ClimateChange-ClimateLaw

AUGUST 4, 2021

After the developers terminated the Keystone XL pipeline project, the Ninth Circuit Court of Appeals on July 16, 2021 dismissed for lack of jurisdiction an appeal of the district court’s denial of a motion for a preliminary injunction barring work on the pipeline. Pro Se Constitutional Climate Suit Filed in Colorado Federal Court.

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ClimateChange-ClimateLaw

JUNE 8, 2021

Justice Sotomayor dissented, writing that she believed the Court’s interpretation would allow defendants to “sidestep” the general bar on appellate review by “shoehorning” a civil rights or federal officer removal argument into their case for removal. Lawsuit Challenged Master Development Plan for Oil and Gas Development in Colorado.

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ClimateChange-ClimateLaw

APRIL 9, 2021

District Court Said Plaintiffs Could Proceed with Title V Permit Claim Against Coal Mine Operator. Federal Court Dismissed Challenge to Colorado Dam Project Authorizations for Lack of Jurisdiction. Fish and Wildlife Service (FWS) actions authorizing a dam project in Colorado be brought in a federal court of appeal.

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SCOTUSBlog

FEBRUARY 2, 2024

Although the question comes to the court in a case from Colorado, the impact of the court’s ruling could be much more far-reaching. 27, the Michigan Supreme Court declined to review a lower-court decision that allowed Trump to appear on the state’s primary ballot. 6, 2021, attacks on the U.S. And on Dec.

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ClimateChange-ClimateLaw

MAY 7, 2021

DECISIONS AND SETTLEMENTS. Parties Voluntarily Dismissed Appeals of Federal Court Decision Requiring More Climate Change Analysis for Wyoming Oil and Gas Leases. The court found that both parties were entitled to intervene as of right. 20-1530 (U.S. 29, 2021); North American Coal Corp. 20-1531 (U.S. Haaland , No.

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ClimateChange-ClimateLaw

JULY 2, 2021

The district court found the analysis of greenhouse gas and climate change impacts to be adequate but remanded for consideration of alternatives that did not involve leasing all nominated parcels. The conservation groups’ appeal of the district court decision is still pending, with the opening brief due on July 12.

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JURIST

JANUARY 5, 2024

The US Supreme Court agreed to hear former President Donald Trump’s appeal of the Colorado Supreme Court decision barring him from the state’s 2024 primary ballot. In a one-page unsigned order, the court scheduled oral arguments for February 8.

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JURIST

DECEMBER 28, 2023

The Colorado Republican State Central Committee (CRSCC) filed a petition for a writ of certiorari Wednesday to overturn the Colorado Supreme Court’s decision which removed former president Donald Trump from the 2024 Republican primary ballot. I’m very happy with the ruling. I felt they read the Constitution.

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JonathanTurley

JUNE 27, 2022

That world is already taking shape with states crafting their laws reflecting the values of their citizens from Colorado passing a law protecting the right to abortion up to the moment of birth to Louisiana banning all abortions except in limited circumstances. Below is my Hill column on what to expect in a post-Roe world.

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JonathanTurley

NOVEMBER 18, 2023

Colorado Judge Sarah Wallace has become the latest jurist to reject the effort to bar former president Donald Trump from the ballot under the novel 14th Amendment theory. We need to put this insidious legal theory to rest with the finality and clarity of a Supreme Court decision. I hope that she does. Griswald

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SCOTUSBlog

FEBRUARY 8, 2024

Supreme Court takes the bench in Trump v. Anderson, about whether the Colorado Supreme Court erred in excluding former President Donald Trump from the state’s 2024 presidential primary ballot. 6, 2021, and whose report was admitted into evidence by the Colorado trial court. (I Jamie Raskin, D-Md., Term Limits v.

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JonathanTurley

DECEMBER 22, 2023

Below is my column in The Messenger of the Colorado Supreme Court decision disqualifying former President Donald Trump from the 2024 election. Eleni Kounalakis publicly called upon the Secretary of State to “explore every legal option” to follow the same path as Colorado. In California, Lieutenant Gov.

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