Constitutional Law Reporter

APRIL 4, 2023

The statute imposes a maximum $10,000 penalty for nonwillful violations of the law. As explained by the Supreme Court, FBAR reports are designed to help the government trace funds that may be used for illicit purposes and identify unreported income that may be subject to taxation.

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Constitutional Law Reporter

JUNE 22, 2023

Supreme Court held that the government can’t keep the profits of properties sold to satisfy tax debts. In answering in the affirmative, the Court cited both history and precedent, noting that the principle that a government may not take more from a taxpayer than she owes dates back to the Magna Carta. In Tyler v.

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Constitutional Law Reporter

APRIL 11, 2023

Supreme Court held that uncashed MoneyGram checks are governed by the Disposition of Abandoned Money Orders and Traveler’s Check Act (FDA) and should be returned to the state where they were issued. The post Delaware Loses Bid to Keep Uncashed MoneyGram Checks appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

SEPTEMBER 19, 2023

Supreme Court held that the False Claims Act’s scienter element — which asks whether a defendant “knowingly” submitted a “false” claim to the government — refers to a defendant’s knowledge and subjective beliefs — not to what an objectively reasonable person may have known or believed. The Court’s decision was unanimous.

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Constitutional Law Reporter

FEBRUARY 16, 2023

Arellano appealed, arguing that his award’s effective date should be governed by an exception in §5110(b)(1), which makes “[t]he effective date of an award of disability compensation. The post SCOTUS Issues First Opinion of the Term appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

AUGUST 28, 2023

The Supreme Court went on to find that its decision in Pennsylvania Fire Insurance governed the case. This case poses a very old question indeed — one this Court resolved more than a century ago in Pennsylvania Fire.” . … Not every case,” Justice Gorsuch noted, “poses a new question.

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Constitutional Law Reporter

FEBRUARY 28, 2022

In his opinion, he further argued that the Court should have agreed to consider the case, but allowed the lower court decision to remain in place until it rendered a decision. But it is quite another thing for a federal court to swoop in and redo a state’s election laws in the period close to an election.”.

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SCOTUSBlog

APRIL 14, 2021

Ask any constitutional law student to name the most iconic Supreme Court decision, and they’ll probably answer Marbury v. Those two landmark rulings stand as the most celebrated decisions the court has ever issued. This is the final round of the Big Dance, and it’s time to vote. Board of Education.

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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. Thomas noted that the federal government continues to claim the authority while simultaneously saying that it will not enforce it.

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Conflict of Laws

MARCH 30, 2023

The wife in the case had been fourteen when the case started in the first instance courts; she is now 22, and her marriage certainly no longer a child marriage. And as a matter of fact, the Constitutional Court decision itself is already almost two months old; it was rendered on February 1.

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JonathanTurley

NOVEMBER 24, 2020

Property rights are enumerated in the Kentucky Constitution and are entitled to great respect, but they are not fundamental rights in the sense that all governmental impingements on them are subject to strict scrutiny, particularly in the area of public health.

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Constitutional Law Reporter

JULY 6, 2023

Section 1028A(a)(1) applies when a defendant, “during and in relation to any [predicate offense, such as healthcare fraud], knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person.” The Court today rightly rejects that unserious position.”

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Constitutional Law Reporter

MAY 20, 2022

The District Court granted Cruz and his Committee summary judgment on their constitutional claim, holding that the loan-repayment limitation burdens political speech without sufficient justification, and dismissed as moot their challenges to the regulation. Supreme Court Decision. It has not done so here.”.

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SCOTUSBlog

APRIL 22, 2022

In the past 20 years, the court has announced substantive constitutional law, pleading requirements, and timeliness rules that make it harder to win such arguments. It particularly disfavors Eighth Amendment litigation attacking familiar lethal injection protocols as “cruel and unusual” punishment.

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Constitutional Law Reporter

AUGUST 2, 2023

The Court first addressed the threshold issue of standing, concluding that at least Missouri had the right to challenge the student loan forgiveness program. In every respect, the Court today exceeds its proper, limited role in our Nation’s governance,” Justice Kagan wrote.

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Constitutional Law Reporter

JULY 12, 2023

In their opinion, Congress specifically prohibited courts from issuing injunctions related to certain immigration laws. The Constitution affords federal courts considerable power, but it does not establish ‘government by lawsuit,’” Gorsuch wrote.

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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. Equally, the government could force a male website designer married to another man to design websites for an organization that advocates against same-sex marriage.

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JonathanTurley

NOVEMBER 22, 2022

The district court a accepted that VIP carried its burden that this was an expressive work, which seems unassailable. Accordingly, ComicMix governs the outcome here. However, the Supreme Court has now accepted the case for a reason. “A parody functions just like a mash-up. 302 at 20.) .”

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Constitutional Law Reporter

JANUARY 19, 2023

Supreme Court agreed to keep the federal government’s Title 42 policy in place while legal challenges continue. By a vote of 5-4, the justices stayed a lower court decision that would have lifted the policy on December 21, 2022. Circuit Court of Appeals denied the States’ motion. Alejandro Mayorkas et al.,

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JonathanTurley

MAY 25, 2021

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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Constitutional Law Reporter

JUNE 9, 2022

Years later, the Government initiated removal proceedings against Patel and his wife due to their illegal entry. A Court-appointed a micus defines it as any authoritative decision—encompassing any and all decisions relating to the granting or denying of discretionary relief. The government rejected his application.

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JonathanTurley

MAY 9, 2021

The family court decision was reviewed by Judges Stan Pritzker, John Egan Jr., They admit that the rock was “not addressed by family court or the attorney for the child, the mother’s testimony at the hearing, as well as an exhibit admitted into evidence.” However, the mother’s home was left as the child’s residence.

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JonathanTurley

MAY 20, 2021

Supreme Court heard the first arguments in Roe v. Wade , a case that not only would transform constitutional law but political divisions in the United States. Since then, pro-life advocates have launched continuing challenges to try to dislodge the decision. Here is the column: Fifty years ago, the U.S.

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JonathanTurley

AUGUST 11, 2021

However, the federal lawsuit primarily hit the House rule on the meaning and limits governing “arrests.” Reasonable people can disagree but he had an express constitutional provision supporting his position. Cruz has demanded a correction from the Post in light of the Supreme Court decision.

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JonathanTurley

JANUARY 27, 2022

For decades, universities have evaded the impact of court decisions limiting the use of race by avoiding mathematical or threshold criteria that could be challenged. The two new cases could not be better suited for a major reframing of the law governing college admissions.

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JonathanTurley

NOVEMBER 12, 2021

That is when Klain again confidently rushed in where wiser government lawyers fear to tread. He announced that the White House had found a way to evade the constitutional limitations: “OSHA doing this vaxx mandate as an emergency workplace safety rule is the ultimate work-around for the Federal govt to require vaccinations.”.

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ClimateChange-ClimateLaw

AUGUST 4, 2021

The intermediate appellate court held that the defendant was not entitled to present the defense because he had “reasonable legal alternatives” to trespass and obstruction even if those alternatives were not effective. In the Tenth Circuit, both fossil fuel companies and local government entities filed supplemental briefs on July 16.

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JonathanTurley

JULY 4, 2022

However, putting aside the basis for the decision, it helped stabilize our system. Jackson wrote in a 1953 Supreme Court decision , “We are not final because we are infallible, but we are infallible only because we are final.”. In some ways, it is the most impressive aspect of our constitutional system.

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SCOTUSBlog

APRIL 13, 2022

History has vindicated John Marshall Harlan, who dissented in some of the Supreme Court’s worst decisions concerning race and limiting the scope of federal power. He was prescient in recognizing the need for a strong national government to deal with urgent issues, such as civil rights. — Erwin Chemerinsky (June 25, 2021).

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JonathanTurley

JULY 12, 2022

This extends to student editors and student government leaders using their positions to retaliate against the exercise of free speech by other students with the support of faculty. Last term’s Supreme Court decisions are just the most recent high-profile evidence for this. Heidi Li Feldman. HeidiLiFeldman. ·. Heidi Li Feldman.

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JonathanTurley

NOVEMBER 25, 2020

The decision in Folajtar v. The Attorney General of the United States may be one of the most perfectly tailored case for major Supreme Court decision. Indeed, the only thing lacking from the 2-1 decision is a mailing label directly to Justice Amy Coney Barrett. Neither the majority nor the Government suggests otherwise.

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JonathanTurley

JANUARY 9, 2024

Some of their ideas are bold structural changes: dividing the Court into rotating panels, stripping it of jurisdiction over certain issues, or controlling its certification process. What these ideas share is a recognition that the rights-giving 20th-century Court that liberals came to respect, even revere, is gone.

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The Crime Report

NOVEMBER 19, 2021

When Berkeley Law School Dean and constitutional scholar Erwin Chemerinsky taught Criminal Procedure in the Fall of 2019, he became frustrated when he realized many of the cases that were the subject of his lectures ended with the police winning and the rights of suspects losing. There have been some justices who have stressed it.

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JonathanTurley

DECEMBER 27, 2020

The threat to the free press is obvious and was the basis for foundational court decisions. The standard for defamation for public figures and officials in the United States is the product of a decision over 50 years ago in New York Times v. Like “disinformation,” it is heavily laden with subjectivity.

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SCOTUSBlog

NOVEMBER 30, 2021

Three Republican senators – Josh Hawley of Missouri, Mike Lee of Utah, and Ted Cruz of Texas – write that a precedent can be unworkable due to “a history of confusion in the lower courts, an unstable pattern of Supreme Court decisions, and a persistent lack of judicially manageable standards.” A brief from the Susan B.

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JonathanTurley

JUNE 27, 2022

It will be difficult for states to interfere with such prescriptions, particularly if the federal government protects such access. Roe is now presented as inviolate and beyond question in its constitutional footing, while the opinion that slew it is presented as threatening every right secured since 1973. How we have changed.

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