Constitutional Law Reporter

APRIL 10, 2024

The Sixth Circuit Court ruled that Freed was not liable because he maintained his Facebook page in his personal capacity. 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

MARCH 14, 2023

Buckley then filed an adversary complaint in the bankruptcy proceeding, alleging that the debt owed him on the state-court judgment was non-dischargeable under the Bankruptcy Code’s exception to discharge of “any debt…for money…to the extent obtained by…false pretenses, a false representation, or actual fraud.”

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SCOTUSBlog

APRIL 14, 2021

Both reshaped American law and society. Both are legal titans who defeated a string of worthy contenders to reach the championship. But only one can be chosen by SCOTUSblog readers as the greatest justice in the court’s history. Those two landmark rulings stand as the most celebrated decisions the court has ever issued.

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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. There is also massive public support for legalization that has been building for years. Raich , 545 U.S.

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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

OCTOBER 5, 2021

Appleseed Center for Law and Justice: “Smith was heartened, however, that the ruling the Supreme Court affirmed mentioned that Congress could legally grant voting rights to D.C., ” However, again, the Court makes repeated reference to the bar on non-state residents in voting. It is a recurring problem.

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Constitutional Law Reporter

AUGUST 2, 2023

With regard to the legality of the loan forgiveness plan, the Court found that it was not authorized under the HEROES Act. The result here is that the Court substitutes itself for Congress and the Executive Branch in making national policy about student-loan forgiveness.”

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JonathanTurley

DECEMBER 12, 2021

Gavin Newsom thrilled many this weekend by saying that his administration will model a new law on Texas’ abortion ban that would let private citizens sue anyone who makes or sells assault weapons or ghost guns. Legally, that is. Newsom denounced the Supreme Court in Women’s Health v. It won’t work.

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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. In Arizona et al. Alejandro Mayorkas et al.,

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Constitutional Law Reporter

JUNE 9, 2022

The Supreme Court affirmed the eleventh Circuit’s decision by a vote of 5-4, holding that Federal courts lack jurisdiction to review facts found as part of discretionary-relief proceedings under §1255. Federal courts have a very limited role to play in this process,” Justice Amy Coney Barrett wrote on behalf of the majority.

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JonathanTurley

AUGUST 11, 2021

PolitiFact ran a piece basically calling Cruz a liar for his saying that there was “clear legal authority” for the order to arrest the members. The Post is correct that there is virtually no case law on the provisions in either the federal or state constitutions. That is clear legal authority. Rule 5 (Sec.

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Constitutional Law Reporter

JUNE 3, 2022

Despite sharing these similarities with prior Supreme Court justices, Jackson’s path to the Court is unique, and her background is expected to add racial, gender, and legal diversity to the Court. She will begin hearing cases when the Court’s new term begins in October.

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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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SCOTUSBlog

APRIL 13, 2022

In Harlan’s case, the story arc that first attracted me was the notion of posthumous vindication – how a man who went so far out on a limb in his time could land so comfortably in the mainstream of legal thought. Much of Holmes’ reputation rests on his role in First Amendment law, for instance, an area where Harlan’s legacy is negligible.

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JonathanTurley

JULY 12, 2022

With an actively rogue Supreme Court, U.S. lawyers, legal scholars, and law schools have to reckon with how to practice, teach, and understand law without falling into complicity with lawlessness. But in more ordinary times, ordinary legal practice and legal education can grapple with these issues.

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JonathanTurley

AUGUST 4, 2021

It was later preserved by a divided Supreme Court despite the view of a majority that it was unconstitutional. President Biden acknowledged that his legal experts overwhelmingly told him that any extension would violate the Constitution. Like many, I was mystified by the Supreme Court decision not to strike down the moratorium.

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JonathanTurley

APRIL 19, 2021

After the riot, various legal experts appeared on news channels to proclaim that this was a strong if not conclusive case for criminal incitement. CNN legal analyst Elie Honig declared “As a prosecutor I’d gladly show a jury Trump’s own inflammatory statements and argue they cross the line to criminality.”

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JonathanTurley

JANUARY 9, 2024

Now the chatter has again started in the same quarters that a Democrat retaking the White House would allow the packing of the Court with an immediate liberal majority to force through sweeping court mandates. In the name of fighting ideological bias, they demand packing the Court with reliable ideological allies from the left.

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JonathanTurley

MARCH 24, 2022

It was all part of an absurd claim (fostered by liberal legal experts) that Barrett was appointed to kill the ACA. Her trial court decisions shed little light on that question, and she previously refused to discuss her philosophy.

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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 physicians and the Catholic Association Foundation write that advances in science have “painted an intimate portrait of the fetus and its humanity” and therefore the court’s viability framework is outdated. The Christian Legal Society and Robertson Center for Constitutional Law , Concerned Women for America , and Judicial Watch, Inc.

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JonathanTurley

JUNE 27, 2022

The court has now declared that the future of abortion will rest with 330 million Americans rather than nine justices. As this matter returns to the states, it is striking to consider what has changed legally and socially in the past 50 years. How much has changed. Indeed, there is a tendency toward Roe revisionism.

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JonathanTurley

DECEMBER 22, 2023

Below is my column in The Messenger of the Colorado Supreme Court decision disqualifying former President Donald Trump from the 2024 election. Eleni Kounalakis publicly called upon the Secretary of State to “explore every legal option” to follow the same path as Colorado. In California, Lieutenant Gov.

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JonathanTurley

NOVEMBER 18, 2023

I have long been a vocal critic of the theory, which I view as historically and legally unfounded. We need to put this insidious legal theory to rest with the finality and clarity of a Supreme Court decision. I also view it as arguably the most dangerous theory to arise in decades. I hope that she does. Griswald

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