JURIST

FEBRUARY 19, 2024

Independent, effective judicial oversight is the bedrock of the rule of law – it must be respected and strengthened. The UK’s Select Committee on the Constitution echoed the concern voiced by Türk. This comes after the UK Supreme Court ruled in November 2023 that the Rwanda policy was unlawful.

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Constitutional Law Reporter

JUNE 22, 2021

Supreme Court unanimously held that a tribal police officer has the authority to detain temporarily and to search non-Indian persons traveling on public rights-of-way running through a reservation for potential violations of state or federal law. Supreme Court’s Decision. Breyer wrote on behalf of the unanimous Court. “We

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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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JURIST

DECEMBER 13, 2022

The Iowa District Court for Polk County Monday upheld a permanent injunction on S.F. 359 , a 2018 law restricting abortion at about six weeks, once an abdominal ultrasound can detect fetal cardiac activity. Jackson Women’s Health Organization , the US Supreme Court overturned Roe v. In Dobbs v.

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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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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. City Council.

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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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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. 351 et seq.] 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

JUNE 12, 2022

The General Counsel found that the company was violating federal law by preventing staff from wearing BLM imagery on their aprons. That includes the Supreme Court’s unambiguous statement that “[w]hen an employee engages in speech that is part of the employee’s job duties, the employee’s words are really the words of the employer.”

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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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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

MARCH 9, 2021

Thomas disagreed with Roberts on the historical treatment of nominal damages by figures like Justice Story and further noted: That this rule developed at common law is unsurprising in the light of the noneconomic rights that individuals had at that time. This is a great decision for the vindication of free speech.

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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. An array of groups opposed the state law from the ACLU to the NAACP Legal Defense and Educational Fund.

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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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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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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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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

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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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

Yet, it operates under a hazy set of laws that often treats journalism as a privilege. As with free speech, there are fewer express or “bright-line rules” in Great Britain protecting there rights. In the meantime, the civil legal system presents tremendous pressures against the media in publishing stories.

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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. A core value of the University of San Diego School of Law is that all members of the community must be treated with dignity and respect.

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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

Lucero of the Tenth Circuit Court of Appeals. I will be joined by two distinguished academics: Professor Elizabeth Sepper, University of Texas at Austin School of Law and Professor John Yoo, University of California Berkeley School of Law. The Supreme Court’s new religious clause jurisprudence has transformed the area.

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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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JonathanTurley

JUNE 23, 2022

City of Chicago , the court ruled that this right applied against the states. Penal Law § 400.00(2)(f) Lower courts upheld the New York law, but there were ample constitutional concerns over its vague standard, such as showing that you are “of good moral character.” Two years after Heller, in McDonald 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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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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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. But under Article III, an injury in law is not an injury in fact. The post Supreme Court Limits Standing for Class-Action Suits Under FCRA appeared first on Constitutional Law Reporter.

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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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JonathanTurley

SEPTEMBER 27, 2021

Cities, too, are enforcing misgendering rules; for example, the New York City Human Rights Law allows for fines if employers, landlords or professionals fail to use a preferred name, pronoun or title. Recently, a California court ruled that misgendering patients is protected despite a landmark LGBTQ+ rights bill.

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JonathanTurley

NOVEMBER 2, 2021

Bruen is the first major gun rights case in over ten years to come before the Supreme Court and it has the makings of a major gun rights victory in the making. Penal Law § 400.00(2)(f) There are few constitutional rights that have been debated so long in this country as gun rights. 2)(f) that require a showing of “proper cause.”

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JonathanTurley

NOVEMBER 4, 2021

City of Chicago , the court ruled that this right applied against the states. Penal Law § 400.00(2)(f) Lower courts have upheld the New York law, but there are ample constitutional concerns over its vague standard, such as showing that you are “of good moral character.”

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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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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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