Constitutional Law Reporter

JUNE 22, 2023

Supreme Court held that the government can’t keep the profits of properties sold to satisfy tax debts. The District Court dismissed the suit for failure to state a claim, and the Eighth Circuit affirmed. Supreme Court’s Decision The Supreme Court reversed. In Tyler v.

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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

APRIL 10, 2024

Supreme Court ruled that public officials may be held liable for their social media activity in certain circumstances. In reaching its decision, the appeals court held that a public official engages in state action only when the official performs a legally mandated “duty of his office” or invokes the “authority of his office.”

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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. MoneyGram applied the common-law escheatment practices outlined in Texas v. In Delaware v. New Jersey , 379 U.S.

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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

FEBRUARY 28, 2022

The suit before the Supreme Court alleges that Alabama’s electoral maps are racially gerrymandered in violation of the United States Constitution and/or dilute the votes of Black Alabamians in violation of the Voting Rights Act of 1965.

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SCOTUSBlog

APRIL 14, 2021

Both reshaped American law and society. But only one can be chosen by SCOTUSblog readers as the greatest justice in the court’s history. Ask any constitutional law student to name the most iconic Supreme Court decision, and they’ll probably answer Marbury v. It’s time for Marshall vs. Warren.

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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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Constitutional Law Reporter

MAY 7, 2024

At sentencing, he sought to take advantage of the “safety valve” provision of federal sentencing law, which allows a sentencing court to disregard the statutory minimum if a defendant meets five criteria. The District Court sided with the Government, and the Eighth Circuit Court of Appeals affirmed.

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Conflict of Laws

MARCH 30, 2023

Yesterday, on March 29, 2023, the German Constitutional Court published its long-awaited (and also long) decision on the German “Act to Combat Child Marriage” ( Gesetz zur Bekämpfung von Kinderehen ). 1 EGBGB ) – regardless of whether the marriage is valid under the normally applicable foreign law.

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Constitutional Law Reporter

MAY 20, 2022

Supreme Court held that Section 304 of the Bipartisan Campaign Reform Act of 2002 — which limits the amount of post-election contributions that may be used to repay a candidate who lends money to his own campaign — violates the First Amendment because it “burdens core political speech without proper justification.” Supreme Court Decision.

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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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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. But that alternative need not be an execution method authorized under a state’s current law. The pertinent habeas provision ( 28 U.S.C.

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Constitutional Law Reporter

JULY 12, 2023

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.” In their opinion, Congress specifically prohibited courts from issuing injunctions related to certain immigration laws.

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Constitutional Law Reporter

AUGUST 2, 2023

Supreme Court’s Decision By a vote of 6-3, the Supreme Court agreed with the states that the HEROES Act does not authorize the loan cancellation plan. The Court first addressed the threshold issue of standing, concluding that at least Missouri had the right to challenge the student loan forgiveness program.

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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. The law defines “public accommodation” broadly to include almost every public-facing business in the State. Today, this court shrinks.” Until today.

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JonathanTurley

MAY 25, 2021

We have been discussing the state laws requiring contractors and employees to swear that they do not support the the Boycott, Divestment, Sanctions (“BDS”) movement against Israel. I have long maintained that the law is unconstitutional as a limitation of free speech and associational rights. 50-5-85(b). ” O.C.G.A.

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JonathanTurley

NOVEMBER 22, 2022

He was charged (and later acquitted) of a felony under an Ohio law prohibiting the use of a computer to “disrupt” or “interrupt” police functions. 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. 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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Constitutional Law Reporter

JUNE 9, 2022

1255 , which would have made Patel and his wife lawful permanent residents. Years later, the Government initiated removal proceedings against Patel and his wife due to their illegal entry. The majority went on to reject the opposing interpretations argued by the Government and Patel. “In 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

The lack of case law was at the heart of the “fact check” of the PolitiFact. Such objections should be distinguished from complaints over distorting backgrounds , history history , or the law. The Post is correct that there is virtually no case law on the provisions in either the federal or state constitutions.

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JonathanTurley

JANUARY 27, 2022

To quote Ginsburg, with three justices previously voting against such race-based criteria and the three Trump appointees, “that’s about as solid as you can get” for a major reframing of the controlling case law. The court has spent decades issuing often conflicting and vague 5-4 rulings on the use of race in admissions.

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JonathanTurley

NOVEMBER 12, 2021

Supreme Court Justice Oliver Wendell Holmes once wrote that “hard cases make bad law.” That is when Klain again confidently rushed in where wiser government lawyers fear to tread. It also will need more than a hard-hat rationale in this “hard case,” if it wants to avoid bad law.

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ClimateChange-ClimateLaw

AUGUST 4, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. The Supreme Court also noted the testimony of the defendant’s expert on nonviolent resistance “that peaceful civil disobedience is essential to combating climate change.”

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JonathanTurley

JULY 12, 2022

In a series of tweets this week, Professor Heidi Li Feldman has denounced “lawless” and “actively rogue” Supreme Court justices and professors who disagree with her views on the Constitution. She has called for “genuine” law professors not to fall “into complicity with lawlessness” in teaching such subjects.

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JonathanTurley

JULY 4, 2022

After major rulings on gun rights, abortion and climate change, Democratic leaders and pundits declared the court to be “illegitimate.” Madison in 1803, when the court ruled that it must be the final arbiter of what the law means. However, putting aside the basis for the decision, it helped stabilize our 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

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. The law at issue is 18 U.S.C. § at 626–27).

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JonathanTurley

JANUARY 9, 2024

Wolfe rattles off extreme proposals matter-of-factly as all viable options: Anyone concerned about the Supreme Court today should be working to prise that window open further. 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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JonathanTurley

DECEMBER 27, 2020

Now, Harvard Law Professor and Bloomberg columnist has added a Trump-like call for the use of defamation lawsuit to combat “fake news.” The threat to the free press is obvious and was the basis for foundational court decisions. Sullivan, sued for defamation and won under Alabama law. seven times.

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SCOTUSBlog

NOVEMBER 30, 2021

Jackson Women’s Health Organization , the potentially momentous abortion case concerning a Mississippi law banning abortion after 15 weeks of pregnancy. Twelve governors write similarly that the court’s abortion precedent represents an “intrusion into the sovereign sphere of the States.” 1 in support of that law.

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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

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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