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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Court Constitutional Law Court Rules Laws 197

JonathanTurley

SEPTEMBER 30, 2021

government is liable for wrongfully arresting six people between 2012 and 2014 for violating its ban on carrying handguns in public. It is the latest loss of the city, which continues to pass legislation that runs afoul of governing Supreme Court precedent. Lamberth issued an important decision on Wednesday that the D.C.

Court Rules 41

Court Rules Court Government Laws 41

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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Court Cause of Action Government Court Rules 52

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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Constitutional Law Litigation Litigating Laws 105

JonathanTurley

JUNE 12, 2022

The NLRB quickly dismissed objections about compelled speech by the company if the government were to order the company to allow such political and social expression in the workplace. The question is whether the government can require companies to allow speech deemed unacceptable or offensive.

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Court Rules Court Administrative Law Government 37

JonathanTurley

MARCH 22, 2021

University of San Diego Law Professor Thomas Smith has been put under investigation for the use of an offensive term in a column criticizing the Chinese government and its role in the pandemic. It is clear a reference not to the Chinese people but the Chinese government. To be clear, I was referring to the Chinese government.”.

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Government Laws Law School Contract 39

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. The court went even further in Arlington v.

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Court Court Rules Calendaring Government 55

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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Court Constitutional Law Court Rules Laws 52

SCOTUSBlog

OCTOBER 28, 2022

Court of Appeals for the 8th Circuit ruled he cannot pursue a petition because he already filed a motion under Section 2255, which bars him from filing a successive petition, and he should have raised his claim earlier. In 2019, the court ruled in Rehaif v. In 2019, the court ruled in Rehaif v.

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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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Litigation Litigating Government Legal 95

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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Government Court Legal Legal 40

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.” And the first time I was very much afraid.”

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Court Court Rules Government Laws 37

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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Court Government Court Rules Laws 35

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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Court Rules Tort Court Cause of Action 52

Constitutional Law Reporter

AUGUST 2, 2021

The Supreme Court reversed, with the majority holding that California’s disclosure requirement is facially invalid because it burdens donors’ First Amendment rights and is not narrowly tailored to an important government interest. Chief Justice John Roberts wrote on behalf of the majority.

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Court Rules Court Attorney Constitutional Law 59

Constitutional Law Reporter

JULY 12, 2023

Supreme Court ruled that Texas and Louisiana lacked standing to challenge a Biden Administration immigration enforcement policy. 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.”

Immigration 52

Immigration Court Rules Court Entertainment 52

JonathanTurley

SEPTEMBER 9, 2021

Free speech has always held a precarious position in Australia which does not have an equivalent to the First Amendment in guaranteeing free speech as a constitutional right. Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech.

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Tort Court Compensatory Damages Punitive Damages 34

JonathanTurley

NOVEMBER 14, 2021

At trial, however, prosecutor Thomas Binger at points seemed to be learning the governing law from Rittenhouse. It is called the “rule of lenity” and has been around in the English system for centuries. ” Given the use of plural nouns, the court ruled that it did not apply to stealing just one horse.

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Statute Misdemeanor Criminal Law Felony 58

JonathanTurley

MAY 12, 2021

.” However, the appellate panel corrected noted that such laws are narrowly construed in light of controlling precedent. This includes Virginia state court rulings that the statute must be confined to speech that has “a direct tendency to cause acts of violence by the person to whom, individually, [the language is] addressed.”

Statute 40

Statute Misdemeanor Court Rules Court 40

JonathanTurley

NOVEMBER 24, 2020

Beshear has correctly cited a major victory recently before the Kentucky Supreme Court — an unanimous decision in favor of his authority to issue pandemic orders. On November 12, 2020, the Kentucky Supreme Court ruled unanimously in favor of the authority of the governor to issue pandemic orders.

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Attorney Litigation Litigating Entertainment 30

JonathanTurley

OCTOBER 6, 2022

130 The Government presents evidence that many recipients would remain without DACA, but that does not controvert Texas’s showing that some would leave.” It cites a survey of over three thousand DACA recipients in which twenty-two percent of respondents said they were likely or very likely to leave the country if DACA ended.130

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Court Rules Court Immigration Government 45

Constitutional Law Reporter

APRIL 26, 2021

Supreme Court ruled in Tandon v. Accordingly, the Court granted an injunction pending disposition of the appeal in the Ninth Circuit Court of Appeals. The Court made four points in support of its decision. On April 9, 2021, the U.S. Newsom , 593 U. Facts of the Case.

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Court Government Litigation Litigating 59

JonathanTurley

MAY 25, 2021

Instead, the Act requires government contractors, as a condition of contracting with Arkansas, not to engage in economic refusals to deal with Israel and to limit their support and promotion of boycotts of Israel.

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Court Rules Contract Laws Court 38

JonathanTurley

JULY 24, 2021

Courts look to two elements in entrapment cases. While the government can encourage criminal conspirators, the courts ask whether the offense was induced by a government agent and whether “the defendant was disposed to commit the criminal act prior to first being approached by Government agents.”

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Government Court Laws Court Rules 57

JonathanTurley

DECEMBER 27, 2023

It is an interesting variation on the case of the recent 303 Creative ruling of the Supreme Court, which is discussed in my recent law review publication as well my forthcoming book. In that case, the Court ruled in favor of a website designer who refused to work on same-sex marriage projects.

Laws 53

Laws Court Rules Manufacturing Court 53

JonathanTurley

DECEMBER 24, 2023

In Wisconsin, for example, a federal court stopped Biden’s controversial $4 billion race-based federal relief program for farmers, holding that white farmers were found to be “experiencing discrimination at the hands of their government.” the high court ruled that “legislative assurances of good intention cannot suffice.”

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Education Law School Court Court Rules 66

Constitutional Law Reporter

FEBRUARY 1, 2022

Department of Labor, Occupational Safety and Health Administration , the Court held that the vaccine-or-testing rule established by the U.S. Missouri , the Court ruled that the Centers for Medicare & Medicaid Services (CMS) rule should be allowed to take effect nationwide as the lower courts consider legal challenges.

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Healthcare Court Constitutional Law Statute 52

JonathanTurley

OCTOBER 25, 2021

The comments reflect a growing call for states and the federal government to reject any religious exemptions for vaccination. Instead, the federal government must show that the burden imposed furthers a “compelling governmental interest” and is “the least restrictive means” of furthering that interest.

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Government Court Laws Law School 44

JonathanTurley

JUNE 4, 2022

The court also ruled in Heller that, while some regulations may be upheld, “the enshrinement of constitutional rights necessarily takes certain policy choices off the table.” ” The New York law could offer an important test of the outer boundaries of this right after the Court rules in the pending case.

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Litigation Litigating Laws Court 37

JonathanTurley

JULY 11, 2023

In one case involving challenged administrative law judges in 2018, the Supreme Court ruled in Lucia v. Executive officials do not have the authority to dismiss federal law any more than they have the authority to act without meeting the conditions to hold their positions under federal law.

Legal 33

Legal Legal Court Rules Laws 33

JonathanTurley

FEBRUARY 26, 2022

Those words from the 10th Circuit Court of Appeals about Colorado’s Anti-Discrimination Act may be some of the most honest but chilling words ever uttered in a federal opinion. The court ruled that a state could not only compel an artist to speak but could prevent that artist from speaking, too.

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Court Court Rules Laws Constitutional Law 46

JonathanTurley

OCTOBER 7, 2022

As expected , he preserved the limits for public or private educational facilities, polling places, government administrative buildings, permitted special events, and public meeting places. Suddaby barred the limits on carrying guns in recreational settings, areas where alcoholic beverages are consumed, and other venues.

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Court Rules Laws Court Education 46

JURIST

FEBRUARY 14, 2023

On Monday tens of thousands of Israeli citizens filled trains, buses and roads to the brim on their way to Jerusalem to take part in one of the biggest rallies the new Israeli government of Benjamin Netanyahu has seen since announcing its radical judicial reform. I went with them.

Constitutional Law 195

Constitutional Law Government Court Rules Laws 195

JonathanTurley

JANUARY 14, 2024

District Judge Kathryn Kimball Mizelle has ruled that the federal law prohibiting people from possessing firearms inside post offices is unconstitutional. The ruling is based on 2022 Supreme Court ruling New York State Rifle & Pistol Association v. The case concerned Emmanuel Ayala, U.S. 18 U.S.C. §

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Statute Government Court Court Rules 54

JonathanTurley

APRIL 20, 2024

We now have a major decision out of the United States Court of Appeals for the Ninth Circuit that could prove an important precedent in resisting the growing anti-free speech movement in the United States. City of Seattle , the court ruled against Seattle in a case involving the arrest of a pro-life protester. In Meinecke v.

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Government Court Constitutional Law Criminal Law 73

JonathanTurley

APRIL 26, 2024

It has been almost 50 years since the high court ruled presidents have absolute immunity from civil lawsuits in Nixon v. The court held ex-President Richard Nixon had such immunity for acts taken “within the ‘outer perimeter’ of his official responsibility.” It was effectively a “Trust us, we’re the government” assurance.

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Criminal Law Court Court Rules Attorney 77

JonathanTurley

MAY 24, 2022

Now, after a major court ruling against the university , an arbitrator has awarded Negy all back pay and benefits from the time of his firing. To the contrary, the university issued a statement that indicated that it is undeterred by the adverse court rulings. That is good news.

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Education Court Rules Entertainment Lawyer 7