Constitutional Law Court Criminal Law Texas 
JonathanTurley
MARCH 28, 2024
The United States Court of Appeals for the Fifth Circuit has blocked border enforcement by the state under Texas’s SB 4. Many of us had predicted this result given the prior precedent of the Supreme Court on the federal preemption of state immigration laws. ‘Removal is a civil, not criminal, matter.’
Constitutional Law Reporter
MARCH 21, 2024
Supreme Court held oral arguments in six cases to end its February sitting. A pair of cases challenging Texas and Florida’s controversial social media laws took center stage. In the Florida case, the Eleventh Circuit Court of Appeals held that S.B. Below is a brief summary of the other cases before the Court: Cantero v.
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JonathanTurley
NOVEMBER 15, 2022
Now, federal Judge Michael Truncale (left) has issued a preliminary injunction in the Eastern District of Texas to stop the prosecution of the company. The move is relatively rare since the Younger abstention doctrine ordinarily shields state prosecutions from such interventions of federal courts. It is not an absolute rule.
JonathanTurley
FEBRUARY 6, 2023
We recently discussed the ruling of the United States Court of Appeals for the Fifth Circuit striking down a ban on gun ownership by individuals accused of domestic abuse. The court noted that this provision “is rarely used by prosecutors, as it accounts for only about 5% of prosecutions brought under § 922.” Barr , 919 F.3d
JonathanTurley
AUGUST 11, 2021
Last night, the Texas Supreme Court lifted the temporary restraining order. The earlier discussion noted that the authority of the Texas legislature to compel the appearance of members (which is the same as the provision in U.S. Constitution) is expressly stated in the state constitution. Ted Cruz (R.,
JonathanTurley
JUNE 9, 2023
While there is a fair debate over the policy of relocation by states like Texas and Florida, the effort to use the criminal process as part of that political debate is … well, pathetic. First, let’s look at the law. The reason is that these claims are made for cable news, not courts of law.
JonathanTurley
SEPTEMBER 6, 2022
In another defeat for the Justice Department, a federal court has ordered not just the appointment of a Special Master but halted the use of the seized Mar-a-Lago documents by prosecutors until the legal status of these documents is established (The ongoing intelligence security review of classified material can continue).
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