JURIST

FEBRUARY 19, 2024

.” The select committee explained that even when there is clear evidence that refugees sent to Rwanda are at risk of refoulement, decision-makers and courts must still regard it as a safe country when determining whether to send refugees there. The committee concluded that this may be a breach of the separation of powers.

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Constitutional Law Reporter

FEBRUARY 23, 2021

Supreme Court held that Germany was entitled to State immunity in a lawsuit seeking compensation for the forced sale of medieval art known as the “Welfenschatz” during the rise of Nazi Germany. After unsuccessfully seeking compensation in Germany, the heirs brought several common law property claims in U.S. Supreme Court’s Decision.

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Constitutional Law Reporter

JUNE 16, 2021

Supreme Court held that a district court does not have the discretion to deny or reduce the costs awarded by an appellate court under Federal Rule of Appellate Procedure 39. On appeal, the Court of Appeals determined that the OTCs had not underpaid on their taxes. Supreme Court’s Decision. In San Antonio v.

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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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JonathanTurley

SEPTEMBER 30, 2021

It is the latest loss of the city, which continues to pass legislation that runs afoul of governing Supreme Court precedent. Heller , the Supreme Court in 2008 ruled the right to bear arms is an individual right. City of Chicago , the court ruled that this right applied against the states. Then, in Wrenn v.

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JURIST

APRIL 19, 2022

The US Supreme Court heard oral arguments on Monday in Siegle v. The District Court ruled in the Circuit City trustee’s favor, and the US Court of Appeals for the Fourth Circuit reversed and remanded the case. Fitzgerald and United States v. Washington.

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Constitutional Law Reporter

FEBRUARY 22, 2021

Supreme Court held that a refusal by the U.S. The decision represents the first 5-to-4 split in a case argued during the Court’s 2020-21 term. Salinas sought review with the Fifth Circuit Court of Appeals. The post Divided Court Rules U.S. In Salinas v. United States Railroad Retirement Board , 592 U.

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JURIST

OCTOBER 31, 2023

In a 92-page court ruling, Judge K. Providers requested a temporary injunction, arguing that the abortion restrictions violated state constitutional law and free speech. Defendants in this case say that the restriction constitutes a safeguard to inform women of the risks of abortion.

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JURIST

APRIL 2, 2022

The South Korean Constitutional Court Thursday upheld the nation’s near-ban on tattooing. In a 5-4 decision, the court dismissed the suit and upheld the current policy that only medical professionals can give tattoos. More recently, debate has emerged over whether tattoos are protected under federal copyright law.

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JonathanTurley

JANUARY 17, 2024

Today, the Supreme Court will hear two of the most important cases of the term. At issue is the continued meaning (or even viability) of the Chevron doctrine, the 40-year-old doctrine granting deference to federal agencies in regulations carrying out federal laws. In 1984, the Supreme Court ruled in Chevron U.S.A.

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JonathanTurley

JUNE 12, 2022

The Court ruled that these allegations did not amount to race-based discrimination under Title VII and the law “does not protect free speech in a private workplace.”It The Supreme Court has pushed back on federal agencies trying to regulate speech. It is a problem faced by other companies with other political expressions.

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JonathanTurley

MARCH 9, 2021

If Georgia Gwinnett College wanted to foster greater unity in its use of “free speech zones,” it succeeded in prompting a near unanimous Supreme Court in ruling against it in favor of free speech this week. The Supreme Court has now said enough. Associate Justice Clarence Thomas wrote in Uzuegbunam v.

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The Crime Report

JULY 6, 2022

Applying the regulatory approach used in the “free-world” has significant advantages over constitutional law in mitigating abusive conditions in prisons and jails, according to a paper published in the Yale Law Journal. Constitutional law does not fill the gap,” Littman writes. “[It

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JonathanTurley

MARCH 24, 2022

The court included the picture in its opinion: When Schmidt sent around a demand for the person responsible to step forward, Hiers publicly accepted responsibility. Accepting the allegations as true, the Court concludes that Hiers plausibly alleged that the university officials violated his right to freedom of speech.”

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JURIST

NOVEMBER 3, 2023

The Supreme Court of Canada ruled 6-1 on Friday that the mandatory minimum sentence for child luring is unconstitutional as it violates the right against cruel and unusual punishment under Section 12 of the Canadian Charter of Rights and Freedom. On appeal, the Crown asked the Supreme Court to find it constitutional.

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JonathanTurley

OCTOBER 24, 2021

Many observers are waiting for the United States Supreme Court to decide whether to delve again into college admissions with a pending case out of Harvard University in which Asian and white students claim discrimination. ” The case will now go to the United States Court of Appeals for the Fourth Circuit. Judge Loretta C.

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SCOTUSBlog

APRIL 29, 2022

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, a capital defendant’s request for habeas relief on the ground that his lawyer conceded guilt over his objection, as in 2018’s McCoy v. After McCoy , Tyler unsuccessfully sought relief in Louisiana state courts. In Tyler v.

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Constitutional Law Reporter

NOVEMBER 28, 2022

Supreme Court had a busy week, hearing oral arguments in five cases. The primary issue in both cases is whether the Court should reverse its decision in Grutter v. The primary issue in both cases is whether the Court should reverse its decision in Grutter v. Below is a brief summary of the other cases before the Court: Cruz v.

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JonathanTurley

MARCH 7, 2021

Meghan just won a case against Associated Newspapers and the ruling by London High Court Judge Mark Warby should be a concern for anyone who values the freedom of the press. And when such are the mores of the community, it would be unwise for a court to bar their expression in the newspapers, books, and magazines of the day.”

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Constitutional Law Reporter

SEPTEMBER 19, 2023

Supreme Court held that the False Claims Act’s scienter element — which asks whether a defendant “knowingly” submitted a “false” claim to the government — refers to a defendant’s knowledge and subjective beliefs — not to what an objectively reasonable person may have known or believed. SuperValu Inc. , S. _ (2023), the U.S.

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JonathanTurley

JUNE 23, 2022

As predicted , the Supreme Court handed down a momentous opinion in favor of Second Amendment rights today in New York State Rifle & Pistol Association, Inc. In 2008, the Supreme Court recognized the right to bear arms as an individual right in District of Columbia v. Penal Law § 400.00(2)(f) ” New York Gov.

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Constitutional Law Reporter

SEPTEMBER 15, 2021

By a vote of 5-4, the justices held that only a plaintiff concretely harmed by a defendant’s violation of the Fair Credit Reporting Act (FCRA) has Article III standing to seek damages against that private defendant in federal court. The District Court ruled that all class members had Article III standing on each of the three statutory claims.

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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. The Court has previously upheld disclosure requirements as in 2010 when it ruled in Doe v.

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JURIST

NOVEMBER 3, 2022

The crossed-out language is what will be removed from the constitution if Proposal 2 is adopted. According to the author of Proposal 2, Vermont constitutional law professor Peter Teachout, the amendment makes no change to substantive rights. Evidence lies in both the constitutional language and judicial precedent.

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SCOTUSBlog

JUNE 27, 2023

Share The Supreme Court on Tuesday threw out the conviction of Billy Raymond Counterman, a Colorado man who was sentenced to four-and-a-half years in prison for stalking based on his Facebook messages. Counterman came to the Supreme Court last summer, asking the justices to weigh in.

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JonathanTurley

OCTOBER 31, 2022

Here is the column: Forty-four years ago, the Supreme Court was the center of a raging protest by thousands as the justices took up the case of Regents of the University of California v. 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.

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JonathanTurley

MAY 26, 2022

There is a controversial decision out of a French administrative court this week to suspend a policy allowing for Muslim women to wear “burkinis” in municipal pools in the city of Grenoble. The court ruled that such policies “undermin[ed] secularism.”

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JonathanTurley

NOVEMBER 4, 2021

We have been discussing ( here and here and here ) the Supreme Court challenge in New York State Rifle & Pistol Association Inc. Bruen , the first Second Amendment case before the Supreme Court in over ten years. In 2008, the Supreme Court recognized the right to bear arms as an individual right in District of Columbia v.

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JonathanTurley

JUNE 24, 2021

While not one of the matinee cases often discussed in the press, the Supreme Court handed down a major ruling this week on takings under the Fifth Amendment. In a 6-3 decision that broke along ideological lines (a departure from a long line of unanimous or non-ideological rulings ), the court ruled in Cedar Point Nursery v.

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JonathanTurley

SEPTEMBER 9, 2022

Lucero of the Tenth Circuit Court of Appeals. I will be joined by two distinguished academics: Professor Elizabeth Sepper, University of Texas at Austin School of Law and Professor John Yoo, University of California Berkeley School of Law. The Supreme Court’s new religious clause jurisprudence has transformed the area.

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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.

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JonathanTurley

MARCH 6, 2023

City of Fort Smith , the court heard a similar case. The United States Court of Appeals for the Eighth Circuit ruled that the verbal abuse was still protected speech. The United States Court of Appeals for the Eighth Circuit ruled that the verbal abuse was still protected speech. For example, in Thurairajah v.

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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. In the Supreme Court’s habeas corpus jurisprudence, the answer is never simple. In 2019, the court ruled in Rehaif v.

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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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JonathanTurley

JULY 2, 2023

There is an interesting debate unfolding around the country in the aftermath of the Supreme Court barring the use of race in college admissions. For decades, colleges and universities have sought to downplay the weight given to race in court while insisting that it was one of a number of factors used in maintaining diversity.

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Constitutional Law Reporter

JULY 12, 2023

Supreme Court ruled that Texas and Louisiana lacked standing to challenge a Biden Administration immigration enforcement policy. According to the eight-member majority, “federal courts are generally not the proper forum for resolving claims that the Executive Branch should make more arrests or bring more prosecutions.” .

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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. 179/2019 ).

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