Remove Constitutional Law Remove Court Decisions Remove Laws Remove Litigating
article thumbnail

Supreme Court to Consider Constitutionality of State Social Media Laws

Constitutional Law Reporter

The justices recently granted certiorari in two cases challenging state laws that restrict social media companies’ ability to moderate content on their platforms. The key issue before the Court is whether the Texas and Florida laws violate the First Amendment. Facts of the Cases The two cases before the Court, Moody v.

Laws 52
article thumbnail

SCOTUS Sides With Death Row Inmate in DNA-Testing Case

Constitutional Law Reporter

According to the Court majority, when a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations for a 42 U.S.C. 1983 procedural due process claim begins to run at the end of the state-court litigation. Reed then sued in federal court under 42 U.S.C.

Statute 52
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

SCOTUS Rules Quiet Title Act’s Time Bar Is Claim-Processing Rule

Constitutional Law Reporter

In reaching its decision, the Court noted the important distinction between “the classes of cases a court may entertain (subject-matter jurisdiction)” and “nonjurisdictional claim-processing rules, which seek to promote the orderly progress of litigation by requiring that the parties take certain procedural steps at certain specified times.”

article thumbnail

SCOTUS Issues First Opinion of the Term

Constitutional Law Reporter

Justice Amy Coney Barrett wrote on behalf of the Court. In reaching its decision, the Court explained that equitable tolling “effectively extends an otherwise discrete limitations period set by Congress” when a litigant diligently pursues his rights but extraordinary circumstances prevent him from bringing a timely action.

Statute 52
article thumbnail

Territorial Jurisdiction for Breach of Contract in Nigeria or whatever

Conflict of Laws

Jurisdiction is a fundamental aspect of Nigerian procedural law. In Nigerian judicial parlance, we have become accustomed to the principle that the issue of jurisdiction can be raised at any time, even at the Nigerian Supreme Court – the highest court of the land – for the first time. [1] 6] This is wrong.

article thumbnail

More on Flo & Eddie: Federal Court Certifies to California State Court Question of Whether There is a Public Performance Right in Pre-1972 Sound Recordings

Broadcast Law Blog

The music battle continues over the question of whether state laws provide a public performance right in pre-1972 sound recordings. The Florida case has been referred to that state’s highest court for an advisory ruling on the state of the state’s law on the issue, and earlier this week, the same thing happened in California.

Court 40
article thumbnail

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

JonathanTurley

” Thus, the advantage in the litigation still rests with Beshear. However, the outcome could turn on whether Cameron (and litigant First Liberty) can force the review under the strict scrutiny standard as impinging the free exercise of religion.