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.

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JonathanTurley

JANUARY 8, 2022

Indeed, Democratic lawyers like Marc Elias have challenged Republican victories as he and others denounced such GOP challenges as attacks on democracy. Inslee’s proposals raise the same questions that we discussed in relation to “stolen valor” laws. In Brandenburg v.

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JonathanTurley

MARCH 31, 2021

attorney Patrick Malone, who previously filed ethics complaints against lawyers representing the Trump campaign or the Republican party. Trump lawyers many view this lawsuit as a greater opportunity than a liability for their client. That claim runs directly counter to the controlling case law. In Brandenburg 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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JonathanTurley

JUNE 29, 2022

In an unanimous 6-0 ruling, the Michigan Supreme Court held that her office committed a fatal and inexplicable error in prosecuting nine officials for the Flint water crisis, including former Gov. Rick Snyder. Now the cases have been tossed out.

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JonathanTurley

APRIL 22, 2022

While denouncing Republicans for gerrymandering as attack on democracy, Democratic figures like lawyer Marc Elias are under attack for raising millions to support Democratic gerrymandering. Notably, Democrats are celebrating one aspect of the ruling.

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JonathanTurley

SEPTEMBER 22, 2022

He makes direct reference to being given different accounts of the controlling law. There are some lawyers who believe that a president has immediate and unlimited authority over classified information. Trump also appears to be relying on a legal advice defense (as he has with the challenge to the 2020 election and Jan. 6th questions).

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JonathanTurley

APRIL 27, 2021

The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. The Court sought to create “breathing space” for the media by articulating that standard that now applies to both public officials and public figures.

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JonathanTurley

NOVEMBER 12, 2021

That is when Klain again confidently rushed in where wiser government lawyers fear to tread. He announced that the White House had found a way to evade the constitutional limitations: “OSHA doing this vaxx mandate as an emergency workplace safety rule is the ultimate work-around for the Federal govt to require vaccinations.”.

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JonathanTurley

OCTOBER 19, 2021

In 2009, the New York courts ruled that Metro workers were not legally required to assist a woman being raped at a station. In torts, there is no duty to rescue rule. That was the holding in the famous ruling in Yania v. Indeed, I know of no law requiring an intervention in a violent crime scene anywhere in the country.

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JonathanTurley

FEBRUARY 7, 2023

They have asked for the dismissal of the indictment for lack of jurisdiction since the Court ruled in Dobbs that “the Constitution does not confer a right to abortion.” The court was merely saying that this was within the broad scope of arguments that could be made in a court.

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JonathanTurley

JANUARY 31, 2021

On the opposing side, figures like MSNBC’s Joe Scarborough raised equally poor understandings of defamation law i n considering lawsuits against Trump. I was therefore gladdened by the Supreme Court ruling 8-1 in favor of the free speech in the case, even if it meant a victory for odious Westboro Church.

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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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JonathanTurley

AUGUST 9, 2021

.” Now, six months into his presidency, Biden is openly flouting the Constitution with a knowingly invalid extension of the eviction moratorium — and some law professors and advocates on the left are cheering him for it. Some of us criticized the CDC order as unconstitutional.

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JonathanTurley

MARCH 22, 2021

As Eugene Volokh correctly pointed out , the California Labor Code protects “political activities” employees and the California Supreme Court ruled in Gay Law Students Ass’n v. 1979) that “political activities” includes not just electioneering but also “espousal of … a cause.”.

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JonathanTurley

FEBRUARY 3, 2022

The inclusion of private parties in the lawsuit magnifies the constitutional concerns over free speech. Vindman does not sue former President Trump while detailing how these individuals were clearly acting with his knowledge (citing Michael Cohen, Trump’s former lawyer and now Trump’s vehement enemy).

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JonathanTurley

DECEMBER 8, 2020

Indeed, the challengers went to the Supreme Court and said that it was essentially the same order with the same underlying discriminatory impact. Yet, the Supreme Court ruled that she was wrong and the OLC was right. The order was constitutional. It was not struck down but expanded.

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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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JonathanTurley

JANUARY 13, 2022

NLRB lawyers are arguing that Whole Foods must allow workers to wear “Black Lives Matter” masks at work, suggesting — in effect — that Bezos should start with the worker and work forward by allowing them to advocate for social change. That, of course, could change — the minute an NLRB lawyer shows up wearing a MAGA hat.

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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”. Minister of Environment and Others (South Africa High Court). New Zealand Lawyers Challenged Climate Change Commission’s Recommendations. BP p.l.c. ,

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