Constitutional Law Reporter

FEBRUARY 28, 2024

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.

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Constitutional Law Reporter

APRIL 10, 2024

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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Constitutional Law Reporter

JULY 12, 2023

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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JonathanTurley

MAY 25, 2021

50-5-85’s inclusion of “other actions that are intended to limit commercial relations with Israel” makes the statute impermissibly vague. In a 2-1 panel decision, the court also found that the was overly broad. In so ruling, the appellate court reversed a January 2019 district court decision.

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JonathanTurley

FEBRUARY 7, 2023

They have asked for the dismissal of the indictment for lack of jurisdiction since the Court ruled in Dobbs that “the Constitution does not confer a right to abortion.” The court’s other citation is to a decision of the United States Court of Appeals for the Tenth Circuit in J ane L.

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JonathanTurley

NOVEMBER 12, 2021

Courts have uniformly upheld the right of employers to impose mandatory vaccination or testing requirements as a condition for employment; states have enhanced authority over such public health measures, too. Ironically, the Supreme Court warned against such sudden agency “finds” of regulatory authority.

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ClimateChange-ClimateLaw

AUGUST 4, 2021

Washington Supreme Court Said Climate Activist Was Entitled to Present Necessity Defense Based on Evidence that Legal Alternatives Were Not “Truly Reasonable”. The Ninth Circuit declined to remand with instructions for dismissal of the underlying action and also declined to vacate any district court decisions.

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