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

Constitutional Law Reporter

The post Supreme Court Rules Federal Agencies Can Be Sued Under Fair Credit Reporting Act appeared first on Constitutional Law Reporter. “Both provisions thus exempt government agencies from the Act’s otherwise-broad definition of ‘person’ for particular reasons in particular contexts,” he emphasized.

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

Constitutional Law Reporter

Supreme Court ruled that public officials may be held liable for their social media activity in certain circumstances. The District Court found that because Freed managed his Facebook page in his private capacity, and because only state action can give rise to liability under §1983, Lindke’s claim failed. In Lindke v.

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SCOTUS Clarifies Scienter Standard for False Claims Act Cases

Constitutional Law Reporter

In analyzing the two essential elements of an FCA violation — the falsity of the claim and the defendant’s knowledge of the claim’s falsity — the District Court ruled against SuperValu on the falsity element. The Supreme Court remanded the case back to the Seventh Circuit Court of Appeals for further proceedings.

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Supreme Court Rules States Can’t Challenge Federal Immigration Policy

Constitutional Law Reporter

Supreme Court ruled that Texas and Louisiana lacked standing to challenge a Biden Administration immigration enforcement policy. According to the eight-member majority, “federal courts are generally not the proper forum for resolving claims that the Executive Branch should make more arrests or bring more prosecutions.”

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“A Half-in, Half-Out Regime”: Thomas Slams the Continued Criminalization of Marijuana in Little Noticed Opinion

JonathanTurley

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. Raich , 545 U.S. Thomas is right.

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United States Supreme Court Affirms Denial of Voting Rights For D.C.

JonathanTurley

Some of us have repeatedly said that the lawsuit would not succeed despite various law professors filing a brief supporting the underlying claims. It quotes advocates for the rejected challenge and then adds this observation: “The ruling has little bearing on the ongoing fight for D.C. I have written about D.C.

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Kentucky Attorney Files Challenge To Kentucky Governor’s Closure OF Religious Schools

JonathanTurley

Beshear has correctly cited a major victory recently before the Kentucky Supreme Court — an unanimous decision in favor of his authority to issue pandemic orders. On November 12, 2020, the Kentucky Supreme Court ruled unanimously in favor of the authority of the governor to issue pandemic orders.