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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Constitutional Law Reporter

MARCH 14, 2023

Supreme Court held that debts incurred by fraud can’t be discharged in a Chapter 7 bankruptcy, even if a debtor wasn’t culpable for the fraud. Justice Amy Coney Barrett wrote on behalf of the unanimous Court. Buckley sued in California state court and won, leaving the Bartenwerfers jointly responsible for more than $200,000 in damages.

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Constitutional Law Reporter

MAY 10, 2023

Supreme Court has concluded its oral arguments for the 2022-2023 Term. The Court’s final week included four cases, with issues ranging from bankruptcy to RICO to government takings. Below is a brief summary of the issues before the Court: Lac du Flambeau Band of Lake Superior Chippewa Indians v. 2d 1112, 1115 (7th Cir.

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SCOTUSBlog

APRIL 14, 2021

Both reshaped American law and society. Both are legal titans who defeated a string of worthy contenders to reach the championship. But only one can be chosen by SCOTUSblog readers as the greatest justice in the court’s history. Those two landmark rulings stand as the most celebrated decisions the court has ever issued.

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Conflict of Laws

DECEMBER 21, 2023

Maarten Herbosch, Contracting with Artificial Intelligence – A Comparative Analysis of the Intent to Contract, 672–706, DOI: [link] Computer systems based on artificial intelligence (AI) are an increasing presence in everyday legal practice. On the Standards of Constitutional Review of Provisions of German Private International Law. –

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LLRX

MAY 30, 2022

Wade has been settled law during her entire career. In this article Biehl succinctly and expertly identifies how the upcoming Supreme Court decision in Dobbs V. Kathy Biehl is a lawyer licensed in two states, as well as a prolific multidisciplinary author and writer.

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Constitutional Law Reporter

MAY 29, 2024

Supreme Court held that a traffic impact fee imposed by the County of El Dorado based on a fee schedule in the County’s General Plan ran afoul of the Constitution’s Takings Clause. The trial court rejected Sheetz’s claim, and the California Court of Appeal affirmed. In Sheetz v. City of Tigard , 512 U.S.

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Constitutional Law Reporter

JUNE 25, 2024

Supreme Court ruled that the National Rifle Association (NRA) may continue its First Amendment lawsuit against the former head of New York’s Department of Financial Services. The Supreme Court also reaffirmed its holding in Bantam Books, Inc. The Supreme Court also reaffirmed its holding in Bantam Books, Inc. Sullivan , 372 U.S.

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JonathanTurley

JUNE 29, 2021

As we wait for the final cases from the Supreme Court this week, Monday was confined to orders of the Court, including the granting and denial of review of cases. That is hardly news on a Court that rejects most petitions for a writ of certiorari. This week, the Mexican Supreme Court decriminalized recreational use of marijuana.

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JonathanTurley

OCTOBER 5, 2021

The United States Supreme Court affirmed the decision of the United States Court of Appeals for the District of Columbia (and the later denial of a motion for consideration ) in rejecting the much touted lawsuit to give residents a vote in Congress. I have written about D.C. residents a vote.

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Constitutional Law Reporter

OCTOBER 7, 2024

Supreme Court held that a citizen does not have a fundamental liberty interest in her noncitizen spouse being admitted to the country. Critics of the immigration decision, including the Court’s three liberal justices, maintain that the decision chips away at the same-sex marriage rights guaranteed under Obergefell v.

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Conflict of Laws

MARCH 30, 2023

Yesterday, on March 29, 2023, the German Constitutional Court published its long-awaited (and also long) decision on the German “Act to Combat Child Marriage” ( Gesetz zur Bekämpfung von Kinderehen ). 1 EGBGB ) – regardless of whether the marriage is valid under the normally applicable foreign law.

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Constitutional Law Reporter

AUGUST 2, 2023

Supreme Court struck down the Biden Administration’s student loan forgiveness program. The district court denied the States’ motion for a preliminary injunction and dismissed the case for lack of jurisdiction after determining none of the States had standing to bring the lawsuit. In Biden v. Nebraska , 600 U.S. _ (2023), the U.S.

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JonathanTurley

DECEMBER 12, 2021

Gavin Newsom thrilled many this weekend by saying that his administration will model a new law on Texas’ abortion ban that would let private citizens sue anyone who makes or sells assault weapons or ghost guns. Legally, that is. Newsom denounced the Supreme Court in Women’s Health v. It won’t work.

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Constitutional Law Reporter

JUNE 9, 2022

Supreme Court held that federal courts lack jurisdiction to review facts found as part of any judgment relating to the granting of discretionary relief in immigration proceedings enumerated under 8 U.S.C. 1255 , which would have made Patel and his wife lawful permanent residents. Majority Decision. In Patel v.

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Constitutional Law Reporter

JANUARY 19, 2023

Supreme Court agreed to keep the federal government’s Title 42 policy in place while legal challenges continue. By a vote of 5-4, the justices stayed a lower court decision that would have lifted the policy on December 21, 2022. Circuit Court of Appeals denied the States’ motion. In Arizona et al.

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JonathanTurley

AUGUST 11, 2021

Last night, the Texas Supreme Court lifted the temporary restraining order. The decision has not only exposed the Democrats to arrest but it has exposed another claim of bias against the PolitiFact, which lambasted Sen. However, Cruz is right to claim that there is clear legal authority if he was relying on the constitution.

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JURIST

MAY 27, 2024

But the Convention came together to declare that equal rights, including rights for women and LGBTQ+ people, should be a fundamental value of American constitutional law. In my second dispatch from this Convention, I spoke with the amendment’s sponsor, Crispin South, a Choctaw law student at ASU and a delegate representing Oklahoma.

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Constitutional Law Reporter

JUNE 3, 2022

Supreme Court. Jackson will replace Justice Stephen Breyer who is set to retire when the Court’s term ends this summer. While Jackson’s confirmation will not shift the balance of the Court, it will make the Court more diverse and more reflective of the country. Jackson is also the Court’s sixth female justice.

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JonathanTurley

JULY 8, 2024

Below is my column in The Hill on the over-wrought reaction to the Supreme Court decision in Trump v. Commentators seemed to compete for the most alarmist accounts from court-sanctioned death squads to political assassinations to the death of democracy. In this decision, the court adopted a similar sliding scale.

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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”. The Supreme Court reversed an intermediate appellate court’s decision affirming a superior court determination that the defendant could not present a necessity defense.

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SCOTUSBlog

APRIL 13, 2022

During his time as an associate justice from 1877 to 1911, he broke with his colleagues in some of the most consequential – and infamous – rulings that the court has ever issued. In the end, though, a large part of the story turned on the question of just what it was that enabled Harlan to see the law so differently from his peers.

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JonathanTurley

JULY 12, 2022

In a series of tweets this week, Professor Heidi Li Feldman has denounced “lawless” and “actively rogue” Supreme Court justices and professors who disagree with her views on the Constitution. She has called for “genuine” law professors not to fall “into complicity with lawlessness” in teaching such subjects. Heidi Li Feldman.

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JonathanTurley

AUGUST 4, 2021

As I discussed yesterday , I was astonished by the remarks of President Joe Biden on his support for extending the eviction moratorium, which was found to be unconstitutional by lower courts. It was later preserved by a divided Supreme Court despite the view of a majority that it was unconstitutional.

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JonathanTurley

APRIL 19, 2021

After the riot, various legal experts appeared on news channels to proclaim that this was a strong if not conclusive case for criminal incitement. CNN legal analyst Elie Honig declared “As a prosecutor I’d gladly show a jury Trump’s own inflammatory statements and argue they cross the line to criminality.” Trump’s Jan.

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JonathanTurley

JUNE 30, 2024

Below is my column on the Supreme Court decision on Friday in Fischer v. to reject hundreds of charges in January 6th cases for the obstruction of legal proceedings. The claim is legally absurd but politically advantageous. He was unanimously overturned by the Supreme Court in his conviction of Former Virginia Gov.

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JonathanTurley

JANUARY 9, 2024

As Democrats ramp up their efforts for the 2024 election, some are dangling an old enticement from 2020: if we win, we can pack the Court. In the last election, President Joe Biden refused to say if he favored packing the Court. who has questioned the need for a Supreme Court. Alexandria Ocasio-Cortez (D-N.Y.)

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JonathanTurley

MARCH 24, 2022

Less than two years after the abusive treatment of Justice Amy Coney Barrett , the Senate is holding a hearing that is dramatically different in the treatment of the Supreme Court nominee and the issues considered relevant to her confirmation. Jim Clyburn, D-S.C.,

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SCOTUSBlog

NOVEMBER 30, 2021

Numerous groups attack the viability standard that the court adopted in Roe v. Three physicians and the Catholic Association Foundation write that advances in science have “painted an intimate portrait of the fetus and its humanity” and therefore the court’s viability framework is outdated. Amicus briefs supporting Mississippi.

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JonathanTurley

DECEMBER 27, 2020

The threat to the free press is obvious and was the basis for foundational court decisions. The standard for defamation for public figures and officials in the United States is the product of a decision over 50 years ago in New York Times v. Like “disinformation,” it is heavily laden with subjectivity.

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JonathanTurley

JUNE 27, 2022

Jackson Women’s Health Organization, six Supreme Court justices noted that the nation was grappling with this deeply divisive issue in 1973 but that “Roe abruptly ended that political process.” The court has now declared that the future of abortion will rest with 330 million Americans rather than nine justices. How little has changed.

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JonathanTurley

DECEMBER 22, 2023

Below is my column in The Messenger of the Colorado Supreme Court decision disqualifying former President Donald Trump from the 2024 election. Eleni Kounalakis publicly called upon the Secretary of State to “explore every legal option” to follow the same path as Colorado. In California, Lieutenant Gov.

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JonathanTurley

NOVEMBER 18, 2023

I have long been a vocal critic of the theory, which I view as historically and legally unfounded. In her 102-page ruling, Wallace declared that “[a]fter considering the arguments on both sides, the Court is persuaded that ‘officers of the United States’ did not include the President of the United States. In Brandenburg v.

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