JonathanTurley

SEPTEMBER 9, 2021

See also id., at 24 Case 3:20-cv-00822-LEK-ML Document 70 Filed 08/24/21 Page 24 of 33 375 (Brandeis, J., ” Colon v.

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JonathanTurley

JUNE 9, 2022

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. Nothing could be more damaging to the litigation and the federal courts quickly rejected the CDC and Tribe arguments.

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Court Litigation Litigating Court Rules 44

JonathanTurley

JUNE 30, 2022

The Supreme Court treats the privilege as “qualified” and the strongest claim is made when a president can show that the disclosure would impair national security or the functioning of the Executive Branch. In 1974, the Supreme Court ruled in United States v. Nixon resigned roughly two weeks later.

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Litigation Litigating Court Court Rules 33

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.

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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.

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Constitutional Law Reporter

APRIL 26, 2021

Supreme Court ruled in Tandon v. Accordingly, the Court granted an injunction pending disposition of the appeal in the Ninth Circuit Court of Appeals. Fourth, the Court noted that even if the government withdraws or modifies a COVID restriction in the course of litigation, that does not necessarily moot the case.

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Court Government Litigation Litigating 59

JonathanTurley

JUNE 23, 2022

In 2008, the Supreme Court recognized the right to bear arms as an individual right in District of Columbia v. City of Chicago , the court ruled that this right applied against the states. Penal Law § 400.00(2)(f) Two years after Heller, in McDonald v. This case concerned concealed-carry restrictions under N.Y.

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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.

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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.

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JonathanTurley

JUNE 4, 2022

New York has long been the source of major litigation over gun control. That includes the possible loss before the Supreme Court in a pending major gun rights case. ” The New York law could offer an important test of the outer boundaries of this right after the Court rules in the pending case.

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Litigation Litigating Laws Court 36

JonathanTurley

MAY 23, 2021

” What is most interesting about this lawsuit is how it is arguably meritless under both tort and constitutional law. Trump could argue truth as a defense and fall back on opinion is needed in any litigation. This is a classic example where opinion is protected under tort and constitutional law.

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Tort Lawyer Lawyers Constitutional Law 38

JonathanTurley

AUGUST 15, 2021

Even though President Barack Obama did not satisfy APA conditions in imposing original rules, the Supreme Court enforced such procedures to reverse prior orders. The court ruled that the unilateral action was taken acted “arbitrarily and capriciously” in ending the Remain-in-Mexico policy.

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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) The court ultimately dismissed the case but did so over the objections of three dissenting justices.

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Court Litigation Litigating Laws 41

JonathanTurley

SEPTEMBER 2, 2022

EPA , the Supreme Court struck down the Environmental Protection Agency’s climate control regulations in curtailing greenhouse gas emissions at coal-fired power plants. The federal courts quickly rejected his asserted authority, and the Supreme Court ruled 6-3 that the eviction order was unconstitutional.

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JonathanTurley

APRIL 18, 2023

They have pushed ill-considered legislation and litigation that only served to create precedent against gun control. Courts likely would press the Biden administration on why it is seeking to ban this model when other higher-caliber weapons are sold. In the past, politicians in cities like New York, Chicago and Washington, D.C.,

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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 Biden administration and other litigants then forced a reconsideration of that decision.

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JonathanTurley

MAY 31, 2021

President and Fellows of Harvard College , the litigants cite a study finding that Asian Americans needed SAT scores that were about 140 points higher than white students; the gap with admitted African American and Hispanic students is even greater. In Students for Fair Admissions v.

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Education Litigation Litigating Court 48

JonathanTurley

SEPTEMBER 27, 2021

This already is being litigated in some lower courts. a school board is fighting the courts in its effort to fire teacher Byron “Tanner” Cross, who was suspended for speaking against gender policies in a public board meeting. Will misgendering in the United States be treated as actual hate speech or discriminatory speech?

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Court Rules Misdemeanor Court Education 39

JonathanTurley

JULY 11, 2023

In one case involving challenged administrative law judges in 2018, the Supreme Court ruled in Lucia v. Securities & Exchange Commission that past litigants were entitled to decisions from properly appointed judges. This could not come at a worse time for the administration.

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Legal Legal Court Rules Laws 32

JonathanTurley

NOVEMBER 23, 2022

New York Democrats have passed a series of laws that led to catastrophic losses in federal court, including the recent major ruling in New York State Rifle & Pistol Association, Inc. This includes openly gaming litigation to the irritation of individual justices. New York Democratic Gov. in Christian v.

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Laws Court Entertainment Sports 47

JonathanTurley

JANUARY 4, 2023

There is a major ruling out of the United States States Court of Appeals for the Ninth Circuit in favor of a middle school science teacher, Eric Dodge, who was barred from wearing a “Make America Great Again” baseball cap and later berated by the principal, Caroline Garrett, as a “racist” and a “homophobe.” Lane, 573 U.S.

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Human Resources Court Rules Immigration Court 47

JonathanTurley

NOVEMBER 24, 2020

Beshear has correctly cited a major victory recently before the Kentucky Supreme Court — an unanimous decision in favor of his authority to issue pandemic orders. On November 12, 2020, the Kentucky Supreme Court ruled unanimously in favor of the authority of the governor to issue pandemic orders.

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JonathanTurley

APRIL 19, 2021

Waters’ most recent words could well be cited in the ongoing litigation over the January 6 th riot on Capitol Hill. These civil lawsuits actually raise claims like the infliction of emotional distress that were directly and unequivocally rejected by the Supreme Court. It is one of a number of lawsuits, including a lawsuit filed by Rep.

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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. Beyond her Supreme Court advocacy, Marcus was an influential lawyer in other ways. Walter Dellinger (May 15, 1941 – Feb.

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JonathanTurley

DECEMBER 31, 2022

On December 30, the United States Court of Appeals for the Eleventh Circuit handed down a major opinion in in Adams v. The court ruled 7-4 against a statutory and constitutional challenge of a transgender student to a district policy requiring students to use bathrooms corresponding to their biological sex.

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Sports Court Court Rules Drafting 52

JonathanTurley

JUNE 3, 2022

They have pushed ill-considered legislation and litigation that only served to create precedent against gun control. The same pattern seems to be playing out as leaders like Biden and Harris voice sweeping, unsupportable statements about guns and constitutional protections. have proven to be the gun lobby’s greatest asset.

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Court Government Court Rules Litigation 44

JonathanTurley

DECEMBER 13, 2021

When the Supreme Court ruled on Friday that it would not enjoin the Texas abortion law, the White House immediately called for the Senate to pass the Women’s Health Protection Act (WHPA) to secure the rights currently guaranteed under the Constitution. So, why the push for Plan B before the Court rules?

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Laws Court Rules Court Litigation 37

JonathanTurley

SEPTEMBER 22, 2022

Egan where the Supreme Court ruled in 1988 that “the protection of classified information must be committed to the broad discretion of the agency responsible, and this must include broad discretion to determine who may have access to it.”. .” ” The panel relied heavily on Department of the Navy v.

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Court Lawyer Lawyers Government 34

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. The problem was the act, not the make of the car.

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Laws Legal Legal Court 55

JonathanTurley

AUGUST 5, 2021

By ignoring those countervailing principles, the Democrats are creating a dangerous blind spot in these proposed laws. The resulting litigation could leave core election rules in doubt heading into the next round of elections. It seeks to negate the Supreme Court ruling in Shelby County v.

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Laws Court Government Education 54

JonathanTurley

JANUARY 31, 2021

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. Sullivan, the Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech. In New York Times v.

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Tort Court Laws Court Rules 40

JonathanTurley

MARCH 31, 2021

That claim runs directly counter to the controlling case law. In 2011, the court ruled 8-1 in favor of Westboro Baptist Church, an infamous group of zealots who engaged in homophobic protests at the funerals of slain American troops. In Brandenburg v.

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JonathanTurley

OCTOBER 25, 2021

The appellate court was already expediting review of the case, and the dismissal was “without prejudice.” ” The health care workers can refile if circumstances change or if the appellate court rules against them. They also can refile if the lower court has not reached a decision by Oct.

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ClimateChange-ClimateLaw

AUGUST 4, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Court Said Climate Scientist Provided Sufficient Evidence of Actual Malice for Blog Authors but Not for Publisher.

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Court Litigation Litigating Government 40

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.

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Laws Tort Law School Court 41

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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