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

JANUARY 6, 2023

There is an interesting free speech decision out of the United States Court of Appeals for the Ninth Circuit this week. The opinion is clearly correct on a constitutional level, but there are some troubling elements given the underlying exercise of speech under the First Amendment. The district court dismissed the case.

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Constitutional Law Reporter

DECEMBER 19, 2022

Supreme Court heard oral arguments in four cases. United States , which involves the scope of a key federal bribery law. Below is a brief summary of the other cases before the Court: Ciminelli v. Below is a brief summary of the other cases before the Court: Ciminelli v. Last week, the U.S. United States v.

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Constitutional Law Reporter

JANUARY 25, 2024

Supreme Court returned from recess on January 4, 2024. The Court’s January session will feature some of the Term’s biggest cases, with several testing the limit of the federal government’s regulatory power. Below is a brief summary of the issues before the Court: Federal Bureau of Investigation v. Campos-Chaves v.

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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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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. United States , 567 U.S. Instead, in The Federalist No.

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Constitutional Law Reporter

JANUARY 31, 2022

The central issue before the Court in both cases is whether the vaccine mandates should be allowed to move forward while the legal challenges work their way through the lower courts. This past week, the Court heard oral arguments in four cases. Below is a brief summary of the issues before the Court: Gallardo v.

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JonathanTurley

DECEMBER 27, 2022

This evening, the Supreme Court issued an order in the Title 42 case that stayed the nationwide vacatur issue by Emmet G. Title 42 allowed the federal government to deny entry to certain aliens to prevent the spread of a contagion (COVID-19). The Court ordered that. We are a court of law, not policymakers of last resort.

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Constitutional Law Reporter

MAY 17, 2022

Supreme Court has concluded its oral arguments for the October 2021 Term. Below is a brief summary of the cases before the Court: Nance v. Below is a brief summary of the cases before the Court: Nance v. On remand, the lower courts found that Kennedy lost his job solely because of his religious expression. In Bucklew v.

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JonathanTurley

OCTOBER 6, 2022

Now the United States Court of Appeals for the Fifth Circuit has upheld a lower court in ruling against DACA. The court declared: “Under the first factor, DACA’s deficiencies are severe. The district court’s excellent opinion correctly identified fundamental substantive defects in the program. United States.

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Constitutional Law Reporter

JUNE 9, 2022

Supreme Court held that federal courts lack jurisdiction to review facts found as part of any judgment relating to the granting of discretionary relief in immigration proceedings enumerated under 8 U.S.C. 1255 , which would have made Patel and his wife lawful permanent residents. In Patel v. 1252(a)(2).

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Constitutional Law Reporter

JANUARY 19, 2023

Supreme Court agreed to keep the federal government’s Title 42 policy in place while legal challenges continue. By a vote of 5-4, the justices stayed a lower court decision that would have lifted the policy on December 21, 2022. Circuit Court of Appeals denied the States’ motion. In Arizona et al.

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JonathanTurley

FEBRUARY 13, 2023

Notably, California’s law expressly states that this money should not be treated as compensation for federal reparations. That raises the question of whether a resident could receive $5 million from San Francisco, $223,000 from the state, and additional payments from the federal government. In City of Richmond v.

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JonathanTurley

JUNE 9, 2023

There is nothing unlawful about conveying individuals who are lawfully in the country pending their immigration hearings. Indeed, public interest groups and the federal government do so regularly, including late-night flights to various cities. The reason is that these claims are made for cable news, not courts of law.

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JonathanTurley

JUNE 1, 2021

Photograph by Fred Schilling, Collection of the Supreme Court of the United States. Today the Supreme Court issued two more unanimous decisions in Garland v. The weekly display of unanimity is notable given the calls by Democratic leaders to pack the Court. government to remediate environmental pollution on the island.

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JonathanTurley

SEPTEMBER 22, 2023

We previously discussed the defunct Disinformation Governance Boar d and its controversial head Nina Jankowicz. support to Ukraine” as well as “irregular immigration.” The public should know the range of subjects and claimed authority of these government programs. Those words by Chief U.S.

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JonathanTurley

JANUARY 27, 2022

Below is my column in the Hill on the Supreme Court accepting two cases dealing with racial preferences in college admissions. Here is the column: Last year, I wrote about the Supreme Court’s “train whistle” docket with cases on abortion, guns, immigration, and other issues barreling down the track. Second, courts change.

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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

SEPTEMBER 10, 2021

In the law, it is called an admission against interest or an out-of-court statement by a party that, when uttered, is against the party’s pecuniary, proprietary, or penal interests. The problem is that the thing being “worked around” is the Constitution. In politics, it is called just dumb.

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SCOTUSBlog

APRIL 13, 2022

History has vindicated John Marshall Harlan, who dissented in some of the Supreme Court’s worst decisions concerning race and limiting the scope of federal power. He was prescient in recognizing the need for a strong national government to deal with urgent issues, such as civil rights. — Erwin Chemerinsky (June 25, 2021).

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JonathanTurley

JULY 3, 2023

Alexandria Ocasio-Cortez bizarrely condemned the Supreme Court for usurping congressional authority by supporting congressional authority in the student loan case. She renewed her calls for retaliation through subpoenas, court packing, and even impeachment. She previously said that she did not understand why we needed a Supreme Court.

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JonathanTurley

JUNE 11, 2021

Below is my column in The Hill on the recent decisions of Attorney General Merrick Garland to support the prior positions taken by his predecessor, William Barr, on issues ranging from the Lafayette Park protests to immigration to withholding information related to the Mueller investigation.

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JonathanTurley

FEBRUARY 5, 2024

Below is my column in The Hill on the worsening situation at the Southern border and how the Supreme Court laid the seeds for this crisis over a decade ago. The courts have left few options for either the states or Congress in compelling the enforcement of federal law. They have often found the courts closed to them.

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JonathanTurley

JULY 9, 2022

Below is my column in the Hill on the effort to declare an “invasion” along the Texas border to allow the state to take greater control along the border to stem the flow of illegal immigrants. Greg Abbott signed an order allowing Texas law enforcement to return illegal immigrants apprehended in the state back to the U.S.

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SCOTUSBlog

NOVEMBER 30, 2021

Numerous groups attack the viability standard that the court adopted in Roe v. Many amici focus on the principle of stare decisis – and urge the court not to follow it in this case. They say Roe and Casey are not worthy of the deference that the court typically affords to its prior decisions. The viability framework.

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JonathanTurley

SEPTEMBER 17, 2021

Not long after the ratification of our Constitution, the great Justice Joseph Story marveled “How easily men satisfy themselves that the Constitution is exactly what they wish it to be.” The Constitution is designed to be a type of waltz with a three rather than six-step pattern in our tripartite system of government.

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JonathanTurley

JUNE 21, 2021

Below is my column in the Hill on the growing number of losses by the Biden Administration in courts around the country, including a particularly embarrassing loss before the United States Supreme Court. The Supreme Court later upheld the core elements of the travel ban and rejected the general claims raised against it.)

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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. ” That should sound familiar.

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JonathanTurley

DECEMBER 8, 2020

She engineered her own firing at the hands of Trump – a virtual canonizing act for the media and many liberals. When Trump was inaugurated, Yates had only a few days left in government. Indeed, the challengers went to the Supreme Court and said that it was essentially the same order with the same underlying discriminatory impact.

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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. The latest is one of the most disturbing.

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JonathanTurley

JANUARY 10, 2024

Such releases, however, occurred in prior administrations and the merits of these claims are still being argued in court. The courts have long recognized that presidents are allowed to establish priorities in the enforcement of federal laws, even when those priorities tend to lower enforcement for certain groups or areas.

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JonathanTurley

JANUARY 25, 2021

It will be a fun bit of trivia for constitutional law geeks, but it was also telling. Some of these executive orders, if implemented directly, could be challenged in court. Other calls for sweeping new decisions, from immigration to wealth distribution, are more concerning. Senate Majority Leader Chuck Schumer (D-N.Y.)

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JonathanTurley

MAY 22, 2023

It is reminiscent of when Democrats applauded wildly when President Barack Obama told them that he was going to circumvent Congress entirely after it refused to approve his immigration and environmental legislation. Courts have long left it to the political branches to work out such differences in what is often a game of chicken with default.

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