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. Legal Background. Salinas sought review with the Fifth Circuit Court of Appeals. The post Divided Court Rules U.S. United States Railroad Retirement Board , 592 U.

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Court Rules Court Legal Legal 52

JonathanTurley

JUNE 12, 2022

In January, I wrote a column criticizing the legal position of the National Labor Relations Board (NLRB) in favor of Whole Food workers seeking to wear Black Lives Matter (BLM) symbols or clothing at work. The Supreme Court has pushed back on federal agencies trying to regulate speech. In 2017, in Matal v.

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Court Rules Court Administrative Law Government 38

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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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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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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Lawyer Lawyers Court Court Rules 76

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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Court Rules Drafting Court Tort 33

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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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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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.

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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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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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Litigation Litigating Government Legal 96

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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Government Court Legal Legal 42

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

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. The language of this Court in Brown v. Bigan , 397 Pa. 316, 155 A.2d French, 104 Pa.

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JonathanTurley

NOVEMBER 14, 2021

The statement could effectively knock out the misdemeanor gun possession count — the one count that could still be in play for the jury after the prosecution’s case on the more serious offense appeared to collapse in court. I have a legal education.”

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Statute Misdemeanor Criminal Law Felony 59

JonathanTurley

MAY 31, 2021

Some have called for the change to increase diversity in the schools, particularly after California voters refused to change the long ban on affirmative action in education under state law. Here is the column: The Supreme Court will decide early next month whether to take a new case on the use of race in college admissions.

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Education Litigation Litigating Court 52

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. If necessary, he can sue and prevail in court. It shows the same combination of student cancelling campaigns and the enabling actions of school administrators.

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JonathanTurley

OCTOBER 18, 2021

Bruen, the first major gun rights case before the Supreme Court in ten years. Justices have been openly discussing a case to push back on lower courts that have been chipping away at its Second Amendment jurisprudence. The court will soon take up New York State Rifle & Pistol Association Inc. Penal Law § 400.00(2)(f)

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Constitutional Law Reporter

FEBRUARY 1, 2022

Supreme Court issued decisions in two closely-watched cases involving vaccine mandates imposed by the Biden Administration. Department of Labor, Occupational Safety and Health Administration , the Court held that the vaccine-or-testing rule established by the U.S. Such decisions should fall on Congress, according to the Court.

Healthcare 52

Healthcare Court Constitutional Law Statute 52

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.

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Laws Court Statute Attorney 40

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. It stressed in Cody v.

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Legal Legal Court Rules Laws 35

JonathanTurley

JUNE 22, 2021

Notably, this sensitive subject has led to some sharp words even on the Supreme Court. ” In 2014, the Court ruled 6-2 in Schuette v. Bamn , that Michigan’s constitutional amendment banning affirmative action was constitutional.

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Education Entertainment Contract Laws 39

JonathanTurley

MAY 25, 2021

Now, Smith is asserting the right to charge him with rape in the same case after the prosecution and the court signed off on the plea agreement. Notably, this attack occurred when the courts were conducting a major review of this law. In 2018, the Court of Appeal of Kansas address a case of a citizen grand jury.

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Statute Laws Court Court Rules 45

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. District Court for the Northern District of New York). It did not take long.

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Court Rules Laws Court Education 48

SCOTUSBlog

DECEMBER 31, 2022

Share At the end of each year, SCOTUSblog remembers some of the people whose lives and work left an imprint on the Supreme Court. From legendary lawyers to lesser-known activists, journalists, and plaintiffs, the following individuals who died in 2022 all shaped the court and the law in their own ways. David Beckwith (Oct.

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Court Lawyer Lawyers Law School 88

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.

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Court Calendaring Court Rules Legal 75

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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Statute Government Court Court Rules 55

JonathanTurley

APRIL 26, 2024

As expected, with the exception of the three liberal justices, the Court appears to be struggling to find a more nuanced approach that would avoid the extreme positions of both parties. It has been almost 50 years since the high court ruled presidents have absolute immunity from civil lawsuits in Nixon v. Fitzgerald.

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Criminal Law Court Court Rules Attorney 77

The Crime Report

AUGUST 11, 2022

King in a paper published in the University of Pennsylvania Journal of Constitutional Law. percent of federal criminal cases in 1962, but just over 2 percent in 2015, effectively turning trials into what former Supreme Court Justice Anthony Kennedy called “a system of pleas, not a system of trials.” justice system.

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Misdemeanor Constitutional Law Drafting Court 124

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.

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Court Court Rules Government Legal 64

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.

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Immigration Laws Court Sports 34

JonathanTurley

MARCH 21, 2021

The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. The Court sought to create “breathing space” for the media by articulating that standard that now applies to both public officials and public figures.

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Tort Litigation Litigating Court 87

JonathanTurley

NOVEMBER 29, 2021

Jackson Women’s Health Organization , the Court’s most watched case this term on abortion rights. The oral argument is scheduled for December 1st, the same week that the United States Court of Appeals for the Fifth Circuit will hear an expedited appeal over the even more stringent Texas abortion law.

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Stare Decisis Court Laws Law School 39

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.” Graber, dissented and said that the constitutional ruling was unnecessary under the doctrine of “constitutional avoidance.”

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Entertainment Statute Court Court Rules 42

JonathanTurley

DECEMBER 5, 2021

Jackson Women’s Health Organization, a challenge to the Mississippi abortion law. The statement seemed directed at Sotomayor’s three new colleagues and the effort to use the new court composition to seek the reduction or overturning of Roe v. Here is the column: In Wednesday’s Supreme Court oral argument in Dobbs v.

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Stare Decisis Court Laws Legal 9

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.

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Personal Injury Court Rules Tort Statute 46

JonathanTurley

FEBRUARY 13, 2023

Constitution’s 14th Amendment , race-based classifications trigger strict scrutiny requiring a showing of both a “compelling state interest” and “narrowly tailored” means. 469 (1989), the Supreme Court struck down a set-aside for minority businesses due to a lack of evidence of specific injuries. In City of Richmond v.

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