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.

Litigation 96

Litigation Litigating Government Legal 96

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.

Government 43

Government Court Legal Legal 43

JonathanTurley

NOVEMBER 14, 2021

At trial, however, prosecutor Thomas Binger at points seemed to be learning the governing law from Rittenhouse. I have a legal education.” It is called the “rule of lenity” and has been around in the English system for centuries. Rittenhouse replied he could not possess a hand gun at his age.

Statute 59

Statute Misdemeanor Criminal Law Felony 59

JonathanTurley

JULY 11, 2023

” It turns out she might have been more accurate than she thought — because Fauci legally may have been just a “regular guy” giving out billions without authority. What is equally baffling is that the House informed the administration that it was presumptively in violation of federal law. Rand Paul (R-Ky.),

Legal 36

Legal Legal Court Rules Laws 36

Constitutional Law Reporter

FEBRUARY 1, 2022

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. Two District Courts enjoined enforcement of the rule, and the Government now asked the Supreme Court to stay those injunctions.

Healthcare 52

Healthcare Court Constitutional Law Statute 52

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. Bruen and how it follows a long line of legally flawed legislative measures in the area. It did not take long. On Thursday, federal District Judge Glenn T.

Court Rules 49

Court Rules Laws Court Education 49

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. §

Statute 56

Statute Government Court Court Rules 56

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.

Criminal Law 79

Criminal Law Court Court Rules Attorney 79

SCOTUSBlog

DECEMBER 31, 2022

In court papers, she was identified only as “L.C.”. Four years later, her case reached the Supreme Court. In a 6-3 opinion by Justice Ruth Bader Ginsburg, the court ruled in Olmstead v. After leaving her position in New York state government, she taught at Fordham University School of Law until her retirement in 2011.

Court 82

Court Lawyer Lawyers Law School 82

JonathanTurley

FEBRUARY 13, 2023

Notably, California’s law expressly states that this money should not be treated as compensation for federal reparations. That raises the question of whether a resident could receive $5 million from San Francisco, $223,000 from the state, and additional payments from the federal government. In City of Richmond v.

Immigration 49

Immigration Legal Legal Government 49

JonathanTurley

NOVEMBER 15, 2023

While figures like Harvard Professor Laurence Tribe have assured the public that Trump is clearly disqualified under the theory, it is based on unsustainable historical and legal interpretations in my view. For that reason, I have welcomed rulings to allow these claims to be reviewed on appeal. It has not fared well.

Court 65

Court Court Rules Government Legal 65

Conflict of Laws

JULY 11, 2022

This also generates questions of whether such a field of law is needed at all or which particular issues it should govern, as the possible area of regulation is to a large extent covered by other areas of law, namely international law, conflict of laws, constitutional law, and administrative law as well as by the field of diplomacy.

Laws 52

Laws Court Diligence Administrative Law 52

JonathanTurley

SEPTEMBER 22, 2022

.” It is a position likely to further alienate both the Special Master and the appellate court, which have already expressed frustration with the lack of support offered for declassification claims. government with a constitutional Jedi-like power. 6th questions).

Court 36

Court Lawyer Lawyers Government 36

JonathanTurley

JANUARY 3, 2022

After Dobbs was accepted, advocates sought to enjoin a Texas law that banned abortion after just six weeks. The court ruled 5-4 to allow the Texas law to be enforced. The court — as expected — allowed the appeal to go forward for some of the litigants in the lower court but again refused to enjoin the law.

Court 48

Court Litigation Litigating Laws 48

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”. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 148. FEATURED CASE. July 16, 2021); Indigenous Environmental Network v. Trump , No. 4:19-00028 (D.

Court 40

Court Litigation Litigating Government 40

JonathanTurley

AUGUST 5, 2021

Below is my column in The Hill on the selective reliance on “our constitutional principles” has become in the voting rights debate. The Biden Administration and the media often ignore countervailing principles over the right of states to establish rules governing elections. The “For the People Act” (H.R.

Laws 57

Laws Court Government Education 57

JonathanTurley

JUNE 5, 2021

Despite the columns of some legal experts, the range of permissible legislative action is quite limited. The court has repeatedly reaffirmed that landmark decision. Moreover, limits on things like clip capacity are unlikely to make a significant difference in gun violence.

Court 52

Court Laws Manufacturing Court Rules 52

JonathanTurley

MAY 24, 2021

President Biden has spoken out often, eloquently and passionately against the “ugly poison” of discrimination and racism in our government. The government confirmed that $2.7 In 1989, the Supreme Court ruled that a minority set-aside program in Virginia was unconstitutional under the Equal Protection Clause.

Court 59

Court Government Small Business Court Rules 59

JonathanTurley

NOVEMBER 19, 2020

Gretchen Whitmer for her misrepresentation of a state supreme court ruling that she violated the state constitution in her pandemic orders, a false account echoed by NBC’s Chuck Todd. Whitmer did violate the Constitution, as have other public officials in other states. I have been highly critical of Gov.

Misdemeanor 53

Misdemeanor Government Court Rules Court 53

JonathanTurley

MAY 23, 2021

.” What is most interesting about this lawsuit is how it is arguably meritless under both tort and constitutional law. However, there has been little pushback from a host of lawyers who have spent months calling for sanctions against Republican lawyers for filing lawsuits viewed legally or factually meritless.

Tort 41

Tort Lawyer Lawyers Constitutional Law 41

JonathanTurley

DECEMBER 9, 2020

The lawsuit strikes me as meritless under governing tort doctrines. The lawsuit not only contradicts governing case law but threatens constitutional protections for free speech and the free press in seeking such tort relief. cybersecurity. Johnson, 491 U. 397, 414 (1989). Indeed, “the point of all speech protection.

Tort 36

Tort Lawyer Lawyers Court Rules 36

JonathanTurley

JUNE 9, 2022

Biden admitted that his White House counsel and their preferred legal experts told him that the move was likely unconstitutional. Despite the pledge to return to a respect for the “rule of law,” Biden openly suggested that they could use the litigation to get as much money out the door as possible before being barred by the courts.

Court 49

Court Litigation Litigating Court Rules 49

SCOTUSBlog

MARCH 7, 2022

Gore , the 2000 case that halted the recount in Florida in the presidential election, then-Chief Justice William Rehnquist wrote a concurring opinion (joined by Justices Antonin Scalia and Clarence Thomas) in which he explained that, in his view, the state court’s recount conflicted with the deadlines set by the state legislature for the election.

Calendaring 143

Calendaring Court Litigation Litigating 143

JonathanTurley

JULY 9, 2022

Whether such state enforcement is constitutional will be hashed out in the courts in light of the 2012 decision in Arizona v. Texas can legitimately raise the obligations of the federal government to protect the border under Article IV and even refer to this influx as an invasion in the colloquial sense. United States.

Immigration 35

Immigration Government Court Laws 35

JonathanTurley

DECEMBER 27, 2020

Sullivan’s lawsuit was one of a number of civil actions brought under state laws that targeted Northern media covering the violence against freedom marchers. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press.

Laws 46

Laws Tort Law School Court 46

JonathanTurley

SEPTEMBER 17, 2021

Not long after the ratification of our Constitution, the great Justice Joseph Story marveled “How easily men satisfy themselves that the Constitution is exactly what they wish it to be.” The Constitution is designed to be a type of waltz with a three rather than six-step pattern in our tripartite system of government.

Court 42

Court Laws Immigration Legal 42

JonathanTurley

AUGUST 19, 2021

What the President is saying is that the federal government will indemnify teachers who knowingly violate state laws. I cannot recall any such prior presidential pledge to subsidize unlawful conduct and it raises serious questions over the use of federal funds to encourage violations of lawful state orders.

Laws 54

Laws Education Court Government 54

JonathanTurley

DECEMBER 8, 2020

She engineered her own firing at the hands of Trump – a virtual canonizing act for the media and many liberals. When Trump was inaugurated, Yates had only a few days left in government. The career staff at the OLC had found that the order was legal and within Trump’s authority. The order was constitutional.

Attorney 47

Attorney Drafting Legal Legal 47

JonathanTurley

MARCH 26, 2022

It is important to note that Republicans have also had courts rule against them in states like North Carolina and Pennsylvania). The limitation of the undue extension of power by any branch of government must be exercised to ensure that the will of the people is heard, no matter under which political placard those governing reside.

Court Rules 57

Court Rules Court Law Firm Law Firms 57

JonathanTurley

AUGUST 27, 2021

While most Administrations tend to minimize such test cases to avoid creating bad precedent, the Biden Administration has litigated with an utter abandon — elevating political over legal considerations in litigation. In the prior decision, the Court ruled 5-4 decision in Alabama Association of Realtors v. Now it has.

Court 53

Court Legal Legal Court Rules 53

SCOTUSBlog

JUNE 26, 2023

The case had been on hold for nearly a year, waiting for the court to issue its ruling in Allen v. On June 8, a divided court ruled that the map drawn by Alabama’s Republican-controlled legislature likely violates Section 2 of the Voting Rights Act, which bars racial discrimination in voting.

Education 83

Education Court Constitutional Law Law Firm 83

JonathanTurley

MAY 10, 2021

When the Supreme Court ruled in the Citizens United case that corporations have free speech rights to participate in politics, Warren was appalled. She has long rejected the notion that corporations have the constitutional rights like individuals: “Corporations are not people. .” Elizabeth Warren (D-Mass.)

Sports 55

Sports Laws Court Rules Legal 55

JonathanTurley

SEPTEMBER 2, 2022

No branch is supposed to have enough power to govern alone. The legal basis for this action is superficial and strikingly cynical. The Biden plan would use the law to benefit individuals without such a showing, including many of the 40 million beneficiaries who are relatively wealthy and could pay off the loans.

Education 53

Education Court Rules Court Legal 53

JonathanTurley

JANUARY 6, 2022

Yet, a year ago, various legal experts declared that Trump should be charged based on his speech and his delay in calling for protesters to leave Capitol Hill. Indeed, many of the same legal experts reappeared to offer assurances that Trump can still be frog marched to the hoosegow. Rudy Giuliani and U.S. .” So what happened?

Attorney 43

Attorney Legal Legal Court 43