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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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

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. It is also hard to instruct a jury on an ambiguous statute. I have a legal education.”

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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. 47 U.S.C. § 230(e)(3).

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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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JonathanTurley

MAY 12, 2021

In a major but likely controversial victory for free speech, the United States Court of Appeals for the Fourth Circuit overturned the conviction of a retired Air Force Colonel for using a racial epithet at the shoe store on the Marine base at Quantico in Virginia. 568, 572 (1942), the Court has sharply abridged the application that exception.

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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.

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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

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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JonathanTurley

MAY 25, 2021

We have been discussing the state laws requiring contractors and employees to swear that they do not support the the Boycott, Divestment, Sanctions (“BDS”) movement against Israel. I have long maintained that the law is unconstitutional as a limitation of free speech and associational rights. In NAACP v. Recently, the U.S.

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JonathanTurley

FEBRUARY 7, 2023

Judge Colleen Kollar-Kotelly in the District Court for the District of Columbia has caused a bit of a stir after a hearing in a criminal case where she called for briefing on the alternative grounds for the right to an abortion. The theory runs against the text, history, and case law of the Thirteenth Amendment. 1359, 1365–66 (1992).

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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

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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JonathanTurley

JULY 27, 2021

There is a new ruling out of the United States Court of Appeals for the Tenth Circuit that could be headed for a major showdown in the Supreme Court. Elenis could force a hitherto evasive Court to rule directly on the conflict between anti-discrimination laws and the religious clauses. It was like Brown v.

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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. 18 U.S.C. §

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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

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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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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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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JonathanTurley

AUGUST 25, 2021

The case is brought under statutes like 18 U.S.C. 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.

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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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SCOTUSBlog

APRIL 17, 2023

DeJoy , the Supreme Court will consider whether to overturn a nearly 50-year-old precedent on how employers must accommodate their employees’ religious practices. In 1977, the Supreme Court ruled in Trans World Airlines v. Court of Appeals for the 3rd Circuit, which upheld that decision. On Tuesday in Groff v.

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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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JonathanTurley

NOVEMBER 12, 2021

Courts like the United States Court of Appeals for the Fifth Circuit are facing a novel use of workplace regulations in an admitted effort to circumvent constitutional limitations. Klain’s confidence may run into serious constitutional doubts in the courts, however. It is not even clear that the rule is necessary.

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JonathanTurley

OCTOBER 8, 2022

We recently discussed a federal court upholding the Georgia election law as constitutional, rejecting challenges based on voter suppression by a group associated with Democratic Georgia gubernatorial candidate Stacey Abrams. The Supreme Court is clearly correct and the legislature knowingly violated the Constitution.

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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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JonathanTurley

FEBRUARY 3, 2022

The complaint alleges that the defendants sought to “obstruct a constitutional proceeding by intimidating and retaliating against a key witness.” It seeks an order from the court to “permanently enjoin” the defendants from violating said laws again despite the fact that they are now private citizens.

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JonathanTurley

NOVEMBER 8, 2022

Democratic Senate candidate John Fetterman and other Democrats have filed a federal lawsuit to strike down parts of Pennsylvania’s election law after the state Supreme Court ruled that mail-in ballots with incorrect dates or no dates should not be counted.Fetterman is challenging the state law on constitutional and federal statutes.

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JonathanTurley

JUNE 17, 2022

It was due to the paucity of direct evidence of a crime that would hold up in court. LEXIS 1033 *, 2021 WL 633384, the court noted: Attempted murder requires a finding of specific intent to kill such that implied malice is insufficient to support a conviction for that offense. See People v. Gillespie, 2022 Cal. Indeed, in People v.

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JonathanTurley

JUNE 29, 2022

In an unanimous 6-0 ruling, the Michigan Supreme Court held that her office committed a fatal and inexplicable error in prosecuting nine officials for the Flint water crisis, including former Gov. Nessel then restarted the prosecutions anew but ignored statutes that clearly do not allow the use of a single judge to issue indictments.

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JonathanTurley

SEPTEMBER 17, 2021

For example, in terminating policies like Trump’s “Remain in Mexico” policy, the Supreme Court ruled that Biden acted in violation of the federal law. During the Trump Administration, Democrats denounced the failure by Trump to satisfy the same statute. It should sound familiar.

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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. COUNT FOUR (Violation of a Public Safety Statute: D.C. COUNT FIVE (Violation of a Public Safety Statute: D.C. That claim runs directly counter to the controlling case law. Code § 22-1322 – Incitement to Riot).

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