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Guest Commentary: New Italian Constitutional Reform: What it Means for Environmental Protection, Future Generations & Climate Litigation

ClimateChange-ClimateLaw

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. Rights-based climate litigation has been increasing substantially in recent years.

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Near Unanimous Supreme Court Rules Against Georgia Gwinnett College In Free Speech Victory

JonathanTurley

It is a common pattern where universities will force students or academics to go to court and then later drop the cases when it is clear that they may lose. The Supreme Court has now said enough. Nominal damages are enough to allow citizens to litigate the loss of free speech rights.

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Packing Services: Federal Judge Rules Ban on Guns in Post Offices is Unconstitutional

JonathanTurley

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.

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Supreme Court Delivers New Rebuke to the Biden Administration in Reinstating the “Remain in Mexico”

JonathanTurley

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.

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Justices decline to reinstate GOP-backed congressional voting maps in North Carolina, Pennsylvania

SCOTUSBlog

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.

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College-Loan Forgiveness Plan Reveals Biden’s Constitutional Cynicism

JonathanTurley

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. No branch is supposed to have enough power to govern alone.

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Becerra’s Blunder: Did the Administration Allow Fauci and other Officials to Operate Illegally?

JonathanTurley

” 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.

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