Constitutional Law Reporter

FEBRUARY 23, 2021

According to the Court, a country’s alleged taking of property from its own nationals does not fall under Foreign Sovereign Immunities Act’s expropriation exception, which applies to “property taken in violation of international law.”. District Court against Germany and SPK (collectively Germany). Supreme Court’s Decision.

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Court Rules Court Government Laws 89

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.

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Court Rules Court Government Laws 41

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

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

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 General Counsel found that the company was violating federal law by preventing staff from wearing BLM imagery on their aprons.

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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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Court Cause of Action Government Court Rules 52

JonathanTurley

JANUARY 17, 2024

At issue is the continued meaning (or even viability) of the Chevron doctrine, the 40-year-old doctrine granting deference to federal agencies in regulations carrying out federal laws. In 1984, the Supreme Court ruled in Chevron U.S.A. The court went even further in Arlington v. The cases are Loper Bright Enterprises v.

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Court Court Rules Calendaring Government 50

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 Court Decisions 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.

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Litigation Litigating Government Legal 96

JonathanTurley

JUNE 24, 2021

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. Hassid that a California law was a takings under the Constitution. Blackstone, Commentaries on the Laws of England 2 (1766).

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Court Government Court Rules Laws 35

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 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

NOVEMBER 14, 2021

In covering the motions hearing last week in the trial of Kyle Rittenhouse, I noted a surprising comment from Judge Bruce Schroeder that he had “spent hours” with the Wisconsin gun law and could not state with certainty what it means in this case. Criminal laws are supposed to be interpreted narrowly.

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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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Court Rules Tort Court Cause of Action 52

Constitutional Law Reporter

AUGUST 2, 2021

Supreme Court struck down a California law requiring charitable organizations to disclose the names and addresses of their major donors. According to the majority, the disclosure law ran afoul of the First Amendment. Supreme Court’s Decision. In Americans for Prosperity Foundation v. United States 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. 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.”

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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. Craigslist, Inc. ,

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Tort Court Compensatory Damages Punitive Damages 34

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.”

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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

DECEMBER 27, 2023

There are a number of new laws that will kick in in 2024, but one of the most interesting fights are likely to over the new California law requiring stores with more than 500 employees to carry “gender-neutral” toys over face state fines. The law , signed by Gov. In 2010, in Citizens United v. In 2014, in Burwell v.

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Laws Court Rules Manufacturing Court 49

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.” Declining to prosecute does not transform presence deemed unlawful by Congress into lawful presence and confer eligibility for otherwise unavailable benefits based on that change.”.

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Court Rules Court Immigration Government 45

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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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

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 56

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 59

JonathanTurley

JUNE 4, 2022

For example, the majority of the 19th-century courts to consider the question held that prohibitions on carrying concealed weapons were lawful under the Second Amendment or state analogues. ” 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

OCTOBER 25, 2021

The comments reflect a growing call for states and the federal government to reject any religious exemptions for vaccination. The problem is that the courts already recognize some religious exemption arguments. The appellate court was already expediting review of the case, and the dismissal was “without prejudice.”

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Government Court Laws Law School 43

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

JULY 11, 2023

While the Administration insists that it complied with a law that required Health and Human Services Secretary Xavier Becerra to make the reappointments personally, it later issued a retroactive reappointment for most of the directors after months of congressional inquiry. That, too, is not allowed under federal law.

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Legal Legal Court Rules Laws 33

JonathanTurley

OCTOBER 7, 2022

I previously wrote about the latest New York gun law passed after the Court’s ruling in New York State Rifle and Pistol Association v. Suddaby issued a temporary restraining order against a substantial part of the law, including barring the provisions previously discussed as presumptively unconstitutional.

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Court Rules Laws Court Education 46

JonathanTurley

FEBRUARY 26, 2022

Below is my column in the Hill on the acceptance of a major new case by the Supreme Court on the issue of free speech and anti-discrimination laws. 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.

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Court Court Rules Laws Constitutional Law 42

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. In Florida, U.S. 18 U.S.C. § That is all.

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Statute Government Court Court Rules 51

JURIST

FEBRUARY 14, 2023

The protest was explicitly scheduled for Monday in response to the beginning of the legislative process to implement the government’s reforms. Yesterday the Knesset’s constitution, law, and justice committee scheduled votes on two bills.

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Conflict of Laws

JULY 11, 2022

Summer School on the new Foreign Relations Law. The Summer School, which brought together 20 young scholars, was also the first step in a large-scale research project that Karen Knop will lead in the coming years as one of the first Max Planck Law Fellows. Foreign Relations Law as a law in between. Report on the.

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Laws Court Diligence Administrative Law 52

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 66

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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