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Supreme Court Clarifies First Amendment Test for True Threats

Constitutional Law Reporter

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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Federal ban on inducing unlawful immigration for financial gain may get another Supreme Court test

SCOTUSBlog

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. District courts have discretion to impose either consecutive or concurrent sentences unless a statute mandates otherwise.

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Court will assess double-jeopardy claim with implications for tribal sovereignty

SCOTUSBlog

also a Navajo Nation citizen, on the Ute Mountain Ute Indian Reservation, which is located in Colorado, New Mexico, and Utah. How is it possible that the sentence rendered by the Court of Indian Offenses was dramatically less severe than the sentence rendered in federal court? Code of Federal Regulations.

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SCOTUS Rules Website Designer Can Refuse Same-Sex Customers

Constitutional Law Reporter

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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July 2017 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the Clean Air Act. The Second Circuit said the Connecticut statutes authorizing the solicitations did not compel utilities to enter into contracts with specific bidders. ADDITION TO THE NON-U.S.

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December 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

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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October 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

1442, or the civil-rights removal statute, 28 U.S.C. The district court rejected eight grounds for removal, but the Fourth Circuit concluded its appellate jurisdiction was limited to determining whether the companies properly removed the case under the federal-officer removal statute. Mayor & City Council of Baltimore , No.

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