Constitutional Law Reporter

NOVEMBER 28, 2022

The primary issue in both cases is whether the Court should reverse its decision in Grutter v. 2241 whenever it “appears that the remedy by [§ 2255] motion is inadequate or ineffective to test the legality of [their] detention.” Decisions in all of the cases are expected before the Court’s term ends in June.

Constitutional Law 52

Constitutional Law Statute Education Court Rules 52

JonathanTurley

MARCH 9, 2021

For those who want to know if their rights have been violated, the least dangerous branch will become the least expensive source of legal advice.” A contrary rule would have meant, in many cases, that there was no remedy at all for those rights, such as due process or voting rights, that were not readily reducible to monetary valuation.

Court Rules 56

Court Rules Court Litigation Litigating 56

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 Sixth Circuit Court of Appeals affirmed. The Sixth Circuit Court ruled that Freed was not liable because he maintained his Facebook page in his personal capacity. In Lindke v.

Court 52

Court Cause of Action Government Court Rules 52

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. But younger generations are challenging this connotation.

Court 104

Court Court Rules Legal Legal 104

JonathanTurley

MARCH 7, 2021

There is no real prospect that the court would reach any different conclusion after a trial. The result is a blow to the media to be able to report on newsworthy material that it acquired from sources, even if legal or protected in the United States. Yet, it operates under a hazy set of laws that often treats journalism as a privilege.

Court Rules 34

Court Rules Drafting Court Tort 34

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

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. Ballance v.

Lawyer 75

Lawyer Lawyers Court Court Rules 75

SCOTUSBlog

OCTOBER 28, 2022

Last year, the court restricted the ability of state prisoners to develop new evidence to support claims that their attorneys failed to investigate leads that could have shown they were factually innocent. Jones involves a federal prisoner who is legally innocent – the conduct a jury found he committed isn’t a crime.

Felony 94

Felony Statute Government Court 94

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.

Laws 52

Laws Court Education Court Rules 52

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. Congress may enact legal prohibitions and obligations. And Congress may create causes of action for plaintiffs to sue defendants who violate those legal prohibitions or obligations.

Court 52

Court Cause of Action Tort Punitive Damages 52

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. Bigan , 397 Pa. 316, 155 A.2d Cf: Restatement, Torts, § 322. .

Tort 46

Tort Misdemeanor Legal Legal 46

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 44

Government Court Legal Legal 44

JonathanTurley

NOVEMBER 14, 2021

I have a legal education.” It is called the “rule of lenity” and has been around in the English system for centuries. For example, in 1547, the court was faced with a law making it a felony of steal “Horses, Geldings or Mares.”

Statute 59

Statute Misdemeanor Criminal Law Felony 59

JonathanTurley

OCTOBER 31, 2022

As a teenage congressional page, I was one of the faces in that crowd gathered around the court in October 1977 to watch history being made. In Bakke, the court ruled against affirmative action in a fractured decision. Whatever value a test-blind system may have academically, it could be impactful legally.

Court 43

Court Construction Education Court Rules 43

JonathanTurley

MAY 31, 2021

Ending standardized testing will have a notable impact on legal challenges to the use of race in college admissions. The Supreme Court has issued a series of 5-4 decisions that have ruled both for and against such race criteria admissions — but even justices supporting such systems have expressed reservations.

Education 55

Education Litigation Litigating Court 55

JonathanTurley

OCTOBER 5, 2021

What is most striking however is the coverage in the Washington Post, which reported on the summary affirmance but only quoted supporters for the challenge, including a strikingly misleading take on the lower court ruling upheld by the Supreme Court. I have written about D.C. even though it is not constitutionally required to.”

Court 44

Court Court Reporting Education Court Reporter 44

JonathanTurley

MARCH 22, 2021

He writes in the areas of Jurisprudence and Legal Theory, Intellectual Property, Contracts, Bankruptcy, Law and Economics, Business and Corporate Law at USD. It shows the same combination of student cancelling campaigns and the enabling actions of school administrators.

Government 42

Government Laws Law School Contract 42

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. The rule thus fits neatly within the language of the statute.”. However, held in Biden v.

Healthcare 52

Healthcare Court Constitutional Law Statute 52

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

JonathanTurley

OCTOBER 18, 2021

In 2008, the Supreme Court handed down a landmark ruling in District of Columbia v. City of Chicago , the court ruled that this right applied against the states. Penal Law § 400.00(2)(f) It’s no secret that many federal courts have engaged in systematic resistance to Heller and McDonald.”.

Court 47

Court Litigation Litigating Laws 47

JonathanTurley

JUNE 22, 2021

” In 2014, the Court ruled 6-2 in Schuette v. Bamn , that Michigan’s constitutional amendment banning affirmative action was constitutional. Indeed, it does not even warrant a consideration of countervailing constitutional and legal authorities.

Education 41

Education Entertainment Contract Laws 41

JonathanTurley

SEPTEMBER 2, 2023

We recently discussed a federal court ruling that the Texas law requiring age verification and warning for porn sites was unconstitutional. Now, Judge Timothy Brooks in Arkansas has found that another state law imposing age verification requirements for social media violates the First Amendment. In Netchoice, LLC v.

Laws 42

Laws Court Statute Attorney 42

JonathanTurley

MAY 25, 2021

In Re: The Petition To Summon A Grand Jury the court ruled in favor of Steven Davis in forcing the empanelment of a grand jury to investigate Kansas Secretary of State Kris Kobach and others for allegedly engaging in various election crimes.

Statute 47

Statute Laws Court Court Rules 47

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 50

Court Rules Laws Court Education 50

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. .”

Statute 58

Statute Government Court Court Rules 58

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.” Fitzgerald. Yet in 1974’s United States v.

Criminal Law 80

Criminal Law Court Court Rules Attorney 80

The Crime Report

AUGUST 11, 2022

“Expansion of the jury trial right would constitute a meaningful structural reform in democratizing criminal justice, at a time when such change is needed to establish the popular legitimacy of the criminal justice system,” writes J.D. King in a paper published in the University of Pennsylvania Journal of Constitutional Law.

Misdemeanor 124

Misdemeanor Constitutional Law Drafting Court 124

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. In 1948, Cecilia “Cissy” Suyat took a job as a legal secretary at the NAACP in New York City. Board of Education. Circuit in 1989.

Court 87

Court Lawyer Lawyers Law School 87

JonathanTurley

FEBRUARY 29, 2024

Yesterday, the Supreme Court granted review of the presidential immunity question, but set an expedited schedule for the review of the question with oral argument scheduled for April. ” As I mentioned last night in the coverage, legal scholars are hardly doing a conga line in celebration. ” It is that easy.

Court 79

Court Calendaring Court Rules Legal 79

JonathanTurley

DECEMBER 17, 2021

The bills are the latest examples of “gotcha legislation,” though the Florida bill could raise some interesting legal questions if Gov. Both proposals face serious legal challenges and likely could not survive as codified soundbites. Newsom’s gun ‘heartbeat’ law. Here is the column: California Gov.

Immigration 35

Immigration Laws Court Sports 35

JonathanTurley

MARCH 21, 2021

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.

Tort 87

Tort Litigation Litigating Court 87

JonathanTurley

NOVEMBER 6, 2022

A panel on the United States Court of Appeals for the Ninth Circuit seemed to be channeling the lyrics of the musical Hamilton in noting that “Everything is legal in New Jersey.”

Entertainment 44

Entertainment Statute Court Court Rules 44

JonathanTurley

NOVEMBER 29, 2021

Despite annual columns questioning such apocalyptic predictions, which often seemed more political than legal, the granting of Dobbs led me to write my first “this could be it” column. That does not mean the court will do so, but it could substantially reduce Roe’s hold over states.

Stare Decisis 41

Stare Decisis Court Laws Law School 41

JonathanTurley

AUGUST 25, 2021

Civil and statutory claims can be curtailed by constitutional limitations. Supreme Court ruled against a provision of federal law that banned computer simulations and virtual pornography under the first amendment. This is such a case in my view. In 2002, the U.S. In Ashcroft v. In New York Times v.

Personal Injury 48

Personal Injury Court Rules Tort Statute 48

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 68

Court Court Rules Government Legal 68

JonathanTurley

FEBRUARY 13, 2023

469 (1989), the Supreme Court struck down a set-aside for minority businesses due to a lack of evidence of specific injuries. However, even liberal scholars like Erwin Chemerinsky seem to concede that these reparation measures would face series legal headwinds in the courts. In City of Richmond v.

Immigration 50

Immigration Legal Legal Government 50

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