Constitutional Law Reporter

SEPTEMBER 29, 2021

Supreme Court declined to abolish the doctrine of patent assignor estoppel, which prohibits inventors who sell their patent rights from challenging the patent’s validity in district court. Hologic drafted one of its claims to encompass applicator heads generally, without regard to whether they are moisture permeable.

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JonathanTurley

MAY 5, 2022

Below is my column in USA Today on the leaking of the draft opinion in Dobbs v. While denouncing what they see as the Court abandoning its principles, they are celebrating someone who violated every ethical and professional principle in leaking this draft opinion. The draft opinion, if left unchanged, would sweep away Roe v.

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NewYorkCourtWatcher

JUNE 24, 2022

The now-official opinion by Justice Samuel Alito for the Supreme Court in Dobbs v. Wade and eliminating any right to choose an abortion, repeats what we've seen previously when the draft was leaked:As we have explained, procuring an abortion is not a fundamental constitutional right because such a right has no basis in the Constitution’s.

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Conflict of Laws

MAY 9, 2023

In a nutshell, according to the Italian Constitutional Court, the fundamental human rights cannot be automatically and unconditionally sacrificed in each and every case in order to uphold the jurisdiction immunity of a foreign State allegedly responsible for serious international crimes. It is supposed to take place on May 23, 2023.

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JURIST

NOVEMBER 3, 2022

To be clear, Vermont does not currently allow either in any form, but there is antiquated language in the state constitution that allows for certain exceptions. In the Founding Era, numerous other states used Vermont’s constitution as a model when drafting their own constitution, including the slavery exceptions.

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LexForti

OCTOBER 4, 2021

There were multiple Petitions which were filed at Madras High Court. These Petitions were filed under Article 226 of the Constitution. Now the Division Bench of the Madras High Court passed an interim order on 2 nd August 2021. The said order was appealed before the Supreme Court of India. High Court.

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Constitutional Law Reporter

MARCH 10, 2022

Supreme Court recently returned to the bench for its February sitting. The issues before the Court involved Native American law and immigration. Below is a brief summary of the cases before the Court: Denezpi v. Litigation about the Rule ensued, and the Supreme Court granted review of the Second Circuit’s opinion.

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JonathanTurley

MARCH 15, 2021

Yet the North Carolina Supreme Court has now upheld the sentence without any opinion. There is no debate that Eldridge was wrong to record the proceedings and that the court was within the law in holding him in contempt. As noted in passing by the appellate court, the trial court ordered Eldridge to.

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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. The court described the article as a “a ruthless exposure of a once public character, who has since sought and has now been deprived of the seclusion of private life.”

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SCOTUSBlog

JUNE 27, 2022

Thomas has taken law-office history to a new low, even for the Supreme Court, a body whose special brand of “law chambers history” has prompted multiple critiques and been a source of amusement for generations of scholars and court watchers. Bruen does mark a new low for the court.

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JonathanTurley

MAY 14, 2022

Associate Justice Clarence Thomas made an interesting comment this weekend about the hold of precedent on the Court. After denouncing the recent leak of the draft opinion that would overturn Roe v. Wade as “an infidelity,” Thomas dismissed the reliance on the principle of stare decisis , or the respect for precedent.

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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. In 1971, the Court ruled in Cohen v.

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JonathanTurley

OCTOBER 11, 2022

Dobbs was based on the view that the Constitution does not contain a right to abortion, not that such a right is barred under the religious clauses. The law is not a model of legislative drafting. I do not share the view that the law, despite its poor drafting, makes “IVF … legally dangerous if not impossible.”

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Conflict of Laws

MARCH 30, 2023

Yesterday, on March 29, 2023, the German Constitutional Court published its long-awaited (and also long) decision on the German “Act to Combat Child Marriage” ( Gesetz zur Bekämpfung von Kinderehen ). 1 EGBGB ) – regardless of whether the marriage is valid under the normally applicable foreign law. That was a long time ago.

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LexForti

JUNE 2, 2021

Having mentioned the same, post the period of Emergency, this case was considered to be one of the most vital judgements that have so far been passed by the Hon’ble Supreme Court, that have held a special role in shedding light on the liberal tendencies that have gone through a major shift towards ensuring the protection of personal liberty.

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JonathanTurley

JULY 24, 2022

In my view, the law violates the First Amendment and should be scuttled by the legislature. Otherwise, it would likely be struck down by the courts. The language below is reminiscent of laws making it illegal to share information on committing suicide. ” The analogy to organized crime will not sustain such a law.

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JonathanTurley

SEPTEMBER 29, 2022

” At most, this is ambiguous where a court is likely to adopt the narrower meaning under the interpretative canon of noscitur a sociis. Courts will interpret terms like “promote” in light of other terms that appear in the same provision (“it is recognized by its associates”).

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Constitutional Law Reporter

AUGUST 2, 2023

Supreme Court struck down the Biden Administration’s student loan forgiveness program. The district court denied the States’ motion for a preliminary injunction and dismissed the case for lack of jurisdiction after determining none of the States had standing to bring the lawsuit. In Biden v. Nebraska , 600 U.S. _ (2023), the U.S.

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JonathanTurley

NOVEMBER 30, 2021

I recently wrote a column on how abortions were treated as crimes at the time of the drafting of the Constitution. The assertions made by Professor Tang have been refuted by scholars like John Finnis, professor emeritus of Law and Legal Philosophy at Oxford University, and Robert P.

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JonathanTurley

MAY 3, 2023

We recently discussed a federal judge enjoining the new Illinois law banning “assault weapons.” ” Now a gun shop in Naperville, Illinois has made it to the Supreme Court in seeking injunctive relief and Justice Amy Coney Barrett has given the proponents of the law until Monday to respond to the request.

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JonathanTurley

DECEMBER 12, 2021

Newsom denounced the Supreme Court in Women’s Health v. Jackson for refusing to enjoin the Texas law that allows people to sue anyone who “aids or abets” one performed after about six weeks. Supreme Court decision allowing Texas’s ban on most abortion services to remain in place. It won’t work. Legally, that is.

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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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HowAppealing

FEBRUARY 29, 2024

Dennie has an essay titled “ Clarence Thomas’s Own-the-Libs Stunt Will Make People’s Lives Worse; How is a Black person supposed to trust a Supreme Court that hires open bigots to write the first draft of constitutional law?

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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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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. It passed with the help of a special session in the resumption of this inexorable cycle and has already resulted in court losses.

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JonathanTurley

MARCH 19, 2024

After triggering a court fight, Grisham backed down and scaled down her order to ban concealed weapons in parks and playgrounds. Now, the United States Court of Appeals for the Tenth Circuit has rejected her bid to lift that injunction in a key decision on appeal. She is still doubling down and increasing the losses in the courts.

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JonathanTurley

SEPTEMBER 9, 2023

It could also be a calculated effort to evade a ruling by making the period of suspension so short that it becomes moot before any final decision is reached by a court. In any case, it make it less likely that the case can be taken to the Supreme Court or even through the federal court system. It is, however, too clever by half.

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JonathanTurley

MAY 28, 2021

We recently discussed the controversy at Rutgers Law School over the reading of the “n-word” from a state supreme court opinion. Putting aside the clearly poor drafting of such a standard, it would apply to any group receiving as little as $250. In 2018, the Supreme Court handed down Janus v. 16-1466, 585 U.S.

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JonathanTurley

DECEMBER 19, 2021

The problem is that major Democratic cities are delivering lasting self-inflicted wounds to gun control efforts with poorly conceived and poorly drafted measures. City of Chicago , in which the Court declared that that right is incorporated against state and local government. In 2010, Chicago brought us McDonald v.

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SCOTUSBlog

JUNE 28, 2022

He would be appalled but not shocked by the majority opinion in Dobbs because he understood the precariousness of the right to abortion, a right he staunchly fought to defend in his 24 years on the Supreme Court. Blind to irony, the majority casts itself in the role of the courageous unanimous court in Brown v.

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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

MAY 16, 2022

Nothing in the Supreme Court’s leaked draft opinion in Dobbs v. To the contrary, the draft expressly states that “Nothing in this opinion should be understood to cast doubt on precedents that do not concern abortion.” Virginia , was based on different constitutional grounds and would not be negated by this opinion.

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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. 1731 (2020).

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JonathanTurley

APRIL 29, 2023

The decision comes after two other district courts ruled in favor of the law — sending this issue to the United States Court of Appeals for the Seventh Circuit and potentially the Supreme Court. Indeed, President Biden has made dubious constitutional and historical claims about the Second Amendment and AR-15s.

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JonathanTurley

OCTOBER 1, 2022

Berkeley Law’s Dean Erwin Chemerinsky, a self-proclaimed Zionist, has observed that he himself would be banned from speaking to the groups under this resolution. The bylaw, drafted by UC Berkeley’s Law Students for Justice in Palestine (LSJP), stated that such speakers endanger “the safety and welfare of Palestinian students on campus.”.

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SCOTUSBlog

APRIL 13, 2022

During his time as an associate justice from 1877 to 1911, he broke with his colleagues in some of the most consequential – and infamous – rulings that the court has ever issued. Later, Robert sent John a series of letters offering political advice and sharing his efforts to promote John for a Supreme Court appointment.

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JonathanTurley

JUNE 26, 2022

When Dobbs was accepts, I wrote that for thirty years as a television and print legal analyst I have annually downplayed claims of commentators that a given case before the Court was a true threat to Roe. It did not dramatically change since the leak of an earlier draft. The decision itself was already largely known.

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