Constitutional Law Reporter

FEBRUARY 23, 2021

The justices remanded the case back to the lower court to consider the latter argument. The post US Supreme Court Rules Germany Entitled to State Immunity in the Nazi Art Case appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

JUNE 16, 2021

“This interpretation quite sensibly gives federal courts at each level primary discretion over costs relating to their own proceedings.”. The post SCOTUS Rules District Courts Can’t Second Guess Appellate Courts’ Ruling on Costs appeared first on Constitutional Law Reporter.

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JURIST

OCTOBER 31, 2023

In a 92-page court ruling, Judge K. Providers requested a temporary injunction, arguing that the abortion restrictions violated state constitutional law and free speech. Defendants in this case say that the restriction constitutes a safeguard to inform women of the risks of abortion.

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JURIST

DECEMBER 13, 2022

.” However, Gogerty noted that the Iowa Supreme Court has “consistently” defended its right to “interpret the Iowa Constitution independently of the Supreme Court’s interpretation of the Federal Constitution.” ” Governor Kim Reynolds vowed to appeal the decision.

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Constitutional Law Reporter

FEBRUARY 22, 2021

The post Divided Court Rules U.S. Railroad Retirement Board Decision Subject to Judicial Review appeared first on Constitutional Law Reporter. “Because the Board’s decision below did not determine any right or liability, the RRA does not provide for judicial review.”.

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JonathanTurley

SEPTEMBER 30, 2021

Heller , the Supreme Court in 2008 ruled the right to bear arms is an individual right. City of Chicago , the court ruled that this right applied against the states. Since then, courts have rejected efforts to limit aspects of gun ownership from barring concealed weapons to restricting ammunition.

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JURIST

APRIL 19, 2022

After the Amendment took effect on January 1, 2018, Circuit City, a US chain of electronics retail stores, refused to pay the increased fees and brought suit in the Bankruptcy Court for the Eastern District of Virginia, claiming that the 2017 Amendment, which creates nonuniform bankruptcy laws, was unconstitutional.

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JonathanTurley

JUNE 12, 2022

The Court ruled that these allegations did not amount to race-based discrimination under Title VII and the law “does not protect free speech in a private workplace.”It It is a problem faced by other companies with other political expressions.

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The Crime Report

JULY 6, 2022

Applying the regulatory approach used in the “free-world” has significant advantages over constitutional law in mitigating abusive conditions in prisons and jails, according to a paper published in the Yale Law Journal. Constitutional law does not fill the gap,” Littman writes. “[It

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JURIST

NOVEMBER 3, 2023

The post Canada Supreme Court rules mandatory minimum sentencing for child luring unconstitutional appeared first on JURIST - News. She iterated that Parliament has the autonomy to prioritise denunciation and deterrence, as long as it does not completely exclude rehabilitation.

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Constitutional Law Reporter

NOVEMBER 28, 2022

The primary issue in both cases is whether the Court should reverse its decision in Grutter v. Decisions in all of the cases are expected before the Court’s term ends in June. The post Affirmative Action Kicked Off Busy Week for SCOTUS appeared first on Constitutional Law Reporter. Bollinger , 539 U.S. 306 (2003).

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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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JonathanTurley

MARCH 9, 2021

If Georgia Gwinnett College wanted to foster greater unity in its use of “free speech zones,” it succeeded in prompting a near unanimous Supreme Court in ruling against it in favor of free speech this week.

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JonathanTurley

MARCH 24, 2022

We previously discussed concerns over free speech on the campus of the University of North Texas, including the canceling of an event on child gender transitioning. Students and faculty were not content to protest such events but acted to prevent others from hearing opposing views.

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JURIST

NOVEMBER 3, 2022

The crossed-out language is what will be removed from the constitution if Proposal 2 is adopted. According to the author of Proposal 2, Vermont constitutional law professor Peter Teachout, the amendment makes no change to substantive rights. Evidence lies in both the constitutional language and judicial precedent.

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JonathanTurley

OCTOBER 24, 2021

Many observers are waiting for the United States Supreme Court to decide whether to delve again into college admissions with a pending case out of Harvard University in which Asian and white students claim discrimination. We have been following that case for a couple years.

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JonathanTurley

MARCH 7, 2021

There is a saturation of coverage of the upcoming interview of Oprah and Prince Harry and Meghan, the Duchess of Sussex. The increasingly public spat between the Crown and the couple is turning nasty with an investigation into alleged bullying and abuse of household staff by Meghan.

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Constitutional Law Reporter

SEPTEMBER 19, 2023

In analyzing the two essential elements of an FCA violation — the falsity of the claim and the defendant’s knowledge of the claim’s falsity — the District Court ruled against SuperValu on the falsity element. The Supreme Court remanded the case back to the Seventh Circuit Court of Appeals for further proceedings.

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JURIST

APRIL 2, 2022

In a 5-4 decision, the court dismissed the suit and upheld the current policy that only medical professionals can give tattoos. Upholding this decision, the court characterized tattooing as an invasive procedure that raises important safety concerns.

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JonathanTurley

JANUARY 17, 2024

In 1984, the Supreme Court ruled in Chevron U.S.A. Natural Resources Defense Council that judges should defer to the reasonable interpretation of agencies in administering ambiguous federal laws. However, the court ruled that “the Service’s interpretation of the Act as allowing it to do so is reasonable.”

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SCOTUSBlog

JUNE 27, 2023

By a vote of 7-2, the justices ruled that the state courts had applied the wrong test to determine whether Counterman’s statements were “true threats,” which are not protected by the First Amendment. This article was originally published at Howe on the Court.

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SCOTUSBlog

APRIL 29, 2022

In overturning the death sentence, the Supreme Court ruled that the Sixth Amendment guarantees a defendant the right to choose the objective of his defense and to insist that his counsel refrain from admitting guilt. After McCoy , Tyler unsuccessfully sought relief in Louisiana state courts. In Tyler v.

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JonathanTurley

SEPTEMBER 9, 2022

Makin , the court held that a state cannot discriminate against religious schools in funding tuition in in rural areas with no public high school. Bremerton School District , the court ruled in favor of a Christian public-school football coach who prayed with his players after a football game. . In Kennedy 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. The post Supreme Court Rules States Can’t Challenge Federal Immigration Policy appeared first on Constitutional Law Reporter. In United States v.

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Constitutional Law Reporter

MARCH 9, 2021

S. _ (2021), the Supreme Court ruled that the Federal Tort Claims Act barred college student James King’s claims of police brutality. The Court unanimously held that the district court’s dismissal of King’s claims under the FTCA triggered the “judgment bar” in 28 U.S.C. In Brownback v.

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JonathanTurley

MARCH 6, 2023

The court ruled that “mere epithets” directed at a law enforcement officer are not exempt from First Amendment protections as fighting words. The Supreme Court has routinely ruled that the First Amendment protects profanity. In 1971, the Court ruled in Cohen v. California , 403 U.S.

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Constitutional Law Reporter

AUGUST 2, 2021

The post Divided Court Rules CA Donor Disclosure Rules Violate First Amendment appeared first on Constitutional Law Reporter. She added: “Regulated entities who wish to avoid their obligations can do so by vaguely waving toward First Amendment ‘privacy concerns.’”.

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Constitutional Law Reporter

SEPTEMBER 15, 2021

The District Court ruled that all class members had Article III standing on each of the three statutory claims. The post Supreme Court Limits Standing for Class-Action Suits Under FCRA appeared first on Constitutional Law Reporter.

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JonathanTurley

JUNE 23, 2022

In 2008, the Supreme Court recognized the right to bear arms as an individual right in District of Columbia v. City of Chicago , the court ruled that this right applied against the states. Penal Law § 400.00(2)(f) Two years after Heller, in McDonald v. This case concerned concealed-carry restrictions under N.Y.

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JonathanTurley

JULY 1, 2021

In the final decision of the Supreme Court before its summer break, Chief Justice John Roberts delivered a major ruling striking down the California law requiring the disclosure of donors for charities.

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JonathanTurley

SEPTEMBER 27, 2021

The courts, including the state supreme court , ruled for Cross, noting that he could keep his job, adhere to his faith and satisfy the policy by avoiding pronouns altogether. Recently, a California court ruled that misgendering patients is protected despite a landmark LGBTQ+ rights bill.

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ClimateChange-ClimateLaw

APRIL 8, 2022

On February 8, 2022, the Chamber of Deputies of the Italian Republic gave its final approval to the proposed constitutional law A.C.3156-B 3156-B providing environmental protection amendments to Articles 9 and 41 of the Italian Constitution. By Riccardo Luporini, Matteo Fermeglia, and Maria Antonia Tigre. In Neubauer, et al.

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JonathanTurley

MAY 26, 2022

There is a controversial decision out of a French administrative court this week to suspend a policy allowing for Muslim women to wear “burkinis” in municipal pools in the city of Grenoble. The court ruled that such policies “undermin[ed] secularism.”

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SCOTUSBlog

OCTOBER 28, 2022

The federal government – which prosecuted Jones – says the 8th Circuit got the reasoning wrong but the outcome right: It urges the Supreme Court to correct the lower court’s error but deny Jones relief. In 2019, the court ruled in Rehaif v. By its terms, it doesn’t apply to new rules of statutory interpretation.

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JonathanTurley

JULY 2, 2023

Since the 1970s, the Supreme Court has ruled that race could not be a determinative or major factor in admissions. Bakke, the Court ruled against affirmative action. In Regents of the University of California v. In his plurality decision, then-Justice Lewis F.

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JonathanTurley

NOVEMBER 18, 2022

In its earlier summary judgment ruling , the court began with a discussion of the highly analogous case of Pickering v. 205 , 391 U.S. 563, 574 (1968).

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JonathanTurley

JUNE 24, 2021

While not one of the matinee cases often discussed in the press, the Supreme Court handed down a major ruling this week on takings under the Fifth Amendment. In a 6-3 decision that broke along ideological lines (a departure from a long line of unanimous or non-ideological rulings ), the court ruled in Cedar Point Nursery v.

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