JonathanTurley

SEPTEMBER 27, 2021

Here is the column: This past week the American Civil Liberties Union honored the late Supreme Court Justice Ruth Bader Ginsburg on the one-year anniversary of her death — by rewriting her famous defense of a woman’s right to abortion to remove offensive language. This already is being litigated in some lower courts.

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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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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. In Beshear v.

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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. The trial court denied the motion for preliminary injunction. The plaintiffs sought relief from the Supreme Court, asking it to grant an injunction.

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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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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 age limit could pass constitutional muster despite the opposing ruling in California.

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JonathanTurley

OCTOBER 25, 2021

The problem is that the courts already recognize some religious exemption arguments. Those arguments are based on both the constitutional protection of religious values but also laws like Title VII of the Civil Rights Act, 42 U.S.C. There is a move in many states to refuse to allow such exemptions, but courts have pushed back.

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JonathanTurley

JULY 11, 2023

Court of Appeals for the Ninth Circuit rejected claims that appointment violations were mere technical concerns. Kijikazi that such a “violation is thus no mere technicality or quaint formality — it weakens our constitutional design. Last September, for example, the U.S. It stressed in Cody v.

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JonathanTurley

MARCH 17, 2021

The litigation over the 2020 election seem to be continuing with a ruling this week from Michigan Court of Claims Chief Judge Christopher Murray that Secretary of State Jocelyn Benson (D) broke state law in issuing new rules on absentee balloting before the 2020 election. Here is the opinion: Genetski v.

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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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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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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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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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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. Now there is a new such ruling against the law.

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JonathanTurley

JUNE 30, 2022

That could trigger a major court right if Cipolone continues to resist testifying. The Supreme Court laid out the foundation for the privilege in United States v. Nixon and it has been used extensively to deny information to both Congress and the courts in prior controversies. Nixon resigned roughly two weeks later.

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JonathanTurley

SEPTEMBER 9, 2021

There is an interesting ruling this week out of New York where a federal court has ruled in favor of a conservative student group alleging that the State University of New York at Binghamton has engaged in a pattern of censorship of conservative speakers and events. We previously discussed the controversy. See also id.,

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

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JonathanTurley

JANUARY 3, 2022

Below is my column in the Hill on upcoming year for the Supreme Court. The Court’s docket is likely to put the institution at ground zero of a heated election year. Here is the column: The late Justice Ruth Bader Ginsburg once observed that “it’s hard not to have a big year at the Supreme Court.”

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JonathanTurley

SEPTEMBER 22, 2022

On Wednesday, the United States Court of Appeals for the Eleventh Circuit narrowed the order of U.S. ” It is a position likely to further alienate both the Special Master and the appellate court, which have already expressed frustration with the lack of support offered for declassification claims. District Judge Aileen M.

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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. Johns Cnty.,

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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. Spokane County District Court , No. and non-U.S. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 148.

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JonathanTurley

AUGUST 5, 2021

The Biden Administration and the media often ignore countervailing principles over the right of states to establish rules governing elections. That leaves many in the public uninformed of issues that could ultimately undo parts of these bills in the courts. It seeks to negate the Supreme Court ruling in Shelby County v.

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JonathanTurley

DECEMBER 13, 2021

Below is my column in the Hill on the call by the Biden White House and many in the media to pass the Women’s Health Protection Act (WHPA) in light of the recent decision of the Supreme Court not to enjoin the new abortion law in Texas. Sotomayor encouraged advocates not to wait for any decision of the Court.

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JonathanTurley

JUNE 9, 2022

.” It was an ironic statement from a president who has racked up an impressive array of losses in the courts which have found that he has repeatedly disregarded constitutional limits. There was no push back from Kimmel on a statement that is dramatically at odds with the President’s actual record in the courts.

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JonathanTurley

JUNE 3, 2022

The massacre has already been used as the basis for calls to end the filibuster, pack the court, limits on gun ownership, and outright bans. The rhetoric is again outstripping the reality of constitutional and practical limits for gun control. This concern is magnified by other recent claims that would quickly collapse in court.

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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

MAY 23, 2021

” What is most interesting about this lawsuit is how it is arguably meritless under both tort and constitutional law. However, lawyers are not supposed to use courts for political or symbolic statements. Rule 11 states in part: (b) Representations to the Court.

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SCOTUSBlog

MARCH 7, 2022

Share The Supreme Court on Monday refused to block orders by courts in North Carolina and Pennsylvania that threw out the congressional maps enacted by the states’ Republican legislatures and replaced them with maps drawn by the trial courts. 23, the state supreme court refused to put the expert’s map on hold.

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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. Ohio , where the Supreme Court stressed that even “advocacy of the use of force or of law violation” is protected unless it is imminent. It is one of a number of lawsuits, including a lawsuit filed by Rep.

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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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JonathanTurley

DECEMBER 27, 2020

The threat to the free press is obvious and was the basis for foundational court decisions. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. Like “disinformation,” it is heavily laden with subjectivity.

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JonathanTurley

AUGUST 15, 2021

Judge Matthew Kacsmaryk of the United States District Court for the Northern District of Texas delivered a blow to the Biden Administration on Friday by ordering the reinstatement of the Trump-era Migrant Protection Protocols (MPP) program, also known as the “Remain-in-Mexico” policy. Motor Vehicle Mfrs. Ass’n of U.S.,

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JonathanTurley

MARCH 31, 2021

In my view, the lawsuit contravenes free speech as well as controlling case law from the Supreme Court. That claim runs directly counter to the controlling case law. In rejecting a suit against the church on constitutional grounds, Chief Justice John Roberts wrote: “Speech is powerful. .” In Brandenburg v.

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JonathanTurley

AUGUST 27, 2021

The Biden Administration has racked up a long line of losses in federal courts in what is one of the worst records in the first six months of any modern presidency. This week the Supreme Court ruled 6-3 to strike down President Biden’s renewal of the controversial eviction moratorium.

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JonathanTurley

SEPTEMBER 2, 2022

Despite an impressive list of court losses, Biden is now asserting such authority as the basis for the single largest debt forgiveness in history. While the administration might find support from a lower-court judge, its argument likely will receive a chilly response from the Supreme Court. In West Virginia v.

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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. After all, the law was designed to control disease, not democracy, as a public health priority.

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