SCOTUSBlog

OCTOBER 10, 2022

Share In 2018, California voters approved Proposition 12, a ballot initiative that its supporters describe as the country’s strongest law to protect farm animals. On Tuesday, the Supreme Court will hear oral argument in a challenge to the constitutionality of the law.

Court 110

Court Laws Manufacturing Constitutional Law 110

LexForti

JUNE 4, 2021

One of the most vital concerns that a legal practitioner is essentially seen to deal with, that is with respect to any particular dispute or one that has arisen out of a legal relationship between the respective parties subsequently brings into consideration the forum which has/will/have the territorial jurisdiction to entertain such a dispute.

Cause of Action 52

Cause of Action Court Entertainment Constitutional Law 52

Constitutional Law Reporter

MARCH 21, 2022

Supreme Court held that the U.S. Court of Appeals for the 6th Circuit erred in denying the Kentucky attorney general’s motion to intervene on the commonwealth’s behalf in litigation concerning Kentucky House Bill 454, the state’s controversial abortion law. Supreme Court’s Decision. In Cameron v. Facts of the Case.

Laws 52

Laws Attorney Litigation Litigating 52

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.

Immigration 52

Immigration Drafting Constitutional Law Court 52

Constitutional Law Reporter

OCTOBER 18, 2021

Supreme Court will return to the bench on October 4, 2021, and conduct oral arguments in person for the first time since March 2020. New York: A litigant’s argumentation or introduction of evidence at trial is often deemed to “open the door” to the admission of responsive evidence that would otherwise be barred by the rules of evidence.

Attorney 59

Attorney Constitutional Law Lawyer Lawyers 59

JonathanTurley

MARCH 9, 2021

If Georgia Gwinnett College wanted to foster greater unity in its use of “free speech zones,” it succeeded in prompting a near unanimous Supreme Court in ruling against it in favor of free speech this week. The Supreme Court has now said enough. Associate Justice Clarence Thomas wrote in Uzuegbunam v. .”

Court Rules 46

Court Rules Court Litigation Litigating 46

SCOTUSBlog

JUNE 27, 2022

Bruen invokes the authority of history but presents a version of the past that is little more than an ideological fantasy, much of it invented by gun-rights advocates and their libertarian allies in the legal academy with the express purpose of bolstering litigation such as Bruen. Bruen does mark a new low for the court.

Laws 145

Laws Law Office Court Legal 145

SCOTUSBlog

NOVEMBER 2, 2022

Share On Tuesday, the court heard argument in Jones v. Two decades into his prison term, the Supreme Court decided in Rehaif v. 2255 , which funneled challenges to federal convictions and sentences into a “motion to vacate” before the sentencing court. 922(g) and sentenced to more than 27 years’ incarceration.

Statute 94

Statute Government Court Felony 94

Constitutional Law Reporter

APRIL 8, 2021

Supreme Court held that the deliberative process privilege provides protection from disclosure under the Freedom of Information Act (FOIA) to in-house draft biological opinions that are both predecisional and deliberative, even if the drafts reflect the agencies’ last views about a proposal. Supreme Court’s Decision.

Drafting 52

Drafting Court Constitutional Law Attorney 52

JonathanTurley

OCTOBER 31, 2021

Three University of Florida political science professors have told a federal court that the university barred them from assisting plaintiffs in a challenge to the state’s new voting laws. As state employees, they were told that litigating against a state law would be “adverse to U.F.’s

Litigation 34

Litigation Litigating Government Laws 34

JonathanTurley

MAY 14, 2022

Associate Justice Clarence Thomas made an interesting comment this weekend about the hold of precedent on the Court. If a justice does not believe that the right of abortion is well-founded in the Constitution, I do not believe that this principle should compel him or her to vote to preserve that erroneous precedent.

Stare Decisis 42

Stare Decisis Court Drafting Education 42

JonathanTurley

OCTOBER 12, 2021

I recently discussed the Supreme Court’s affirmance of a decision rejecting constitutional arguments that the District of Columbia is entitled to a vote in Congress. I have repeatedly testified and written on the constitutional barriers to such a vote absent statehood. TIME TO GIVE DC RESIDENTS A VOTE IN CONGRESS.

Litigation 31

Litigation Litigating Legal Legal 31

JonathanTurley

NOVEMBER 16, 2022

” The lack of any definition for those vague terms would weigh heavily with the court in granting the preliminary injunction. ” The court details the conflicting decisions of the college administrators, including the refusal to allow the first pro-life flyer but then a later granting of the posting of a second flyer.

Court 40

Court Litigation Litigating Constitutional Law 40

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.

Education 44

Education Litigation Litigating Court 44

Legal Research is Easy

AUGUST 5, 2019

Thing is, these days law and the decisions courts hand down are very much like that. People go to one court, don't get what they want so they go to another court asking for, basically, the same thing. According to Black's Law Dictionary, STARE DECISIS means: Latin: To stand by things decided. Schempp , 374 U.S.

Stare Decisis 52

Stare Decisis Notary Public Laws Court 52

JonathanTurley

OCTOBER 11, 2022

The law is not a model of legislative drafting. However, a court could easily adopt a logical interpretation that the destruction of a fertilized egg outside of the womb is not an abortion. The law states that the crime is tied to an actual pregnancy (emphasis added): No person may knowingly: 1.

Laws 32

Laws Drafting Litigation Litigating 32

JonathanTurley

APRIL 18, 2022

” The story came to mind recently with a controversy in Michigan where the Chief Judge of Michigan’s Court of Claims Elizabeth Gleicher said that she will preside over a challenge to an abortion law brought by Planned Parenthood despite her previously representing the group and her annual contributions to the group.

Attorney 35

Attorney Laws Law School Law Firm 35

Constitutional Law Reporter

JANUARY 10, 2022

Supreme Court held in Whole Woman’s Health v. Jackson that abortion providers may bring a pre-enforcement challenge in federal court as one means to test whether Texas’ s strict abortion law violates the U.S. Constitution, albeit only against certain state medical licensing officials. 8 violates the Constitution.

Court 69

Court Laws Personal Injury Attorney 69

JonathanTurley

NOVEMBER 28, 2022

Below is my column in The Hill on what is shaping up to be a major Supreme Court term on the issues of parody and satire under the First Amendment. The Court could reframe the constitutional limits for criminal and civil liability in two cases currently on the docket, including one recently granted review. VIP Products LLC.

Court 37

Court Tort Felony Litigation 37

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)

Court 38

Court Litigation Litigating Laws 38

JonathanTurley

MAY 6, 2021

Below is my column in The Hill on the Supreme Court’s rejection of the case of a former West Point cadet who was barred from suing over the handling of her alleged rape. The case would have allowed a reconsideration of the Feres Doctrine, one of the most damaging and pernicious doctrines ever created by the Supreme Court.

Court 35

Court Tort Litigation Litigating 35

JonathanTurley

DECEMBER 12, 2021

Gavin Newsom thrilled many this weekend by saying that his administration will model a new law on Texas’ abortion ban that would let private citizens sue anyone who makes or sells assault weapons or ghost guns. Legally, that is. It will be hugely successful politically, but not without costs to the state and potential litigants.

Laws 38

Laws Lawyer Lawyers Litigation 38

JonathanTurley

APRIL 15, 2022

Below is my column in the Hill on the litigation over the new admissions policy at the elite Thomas Jefferson High School in Fairfax, Virginia. Notably, this week, the board defended its policy before the Supreme Court by insisting that it was not “race balancing” and that the new policy is entirely “race neutral.”

Education 35

Education Court Technology Litigation 35

JonathanTurley

JULY 11, 2023

” It turns out she might have been more accurate than she thought — because Fauci legally may have been just a “regular guy” giving out billions without authority. What is equally baffling is that the House informed the administration that it was presumptively in violation of federal law. It stressed in Cody v.

Legal 30

Legal Legal Court Rules Laws 30

JonathanTurley

DECEMBER 8, 2020

Michael Luttig was a member of the United States Court of Appeals for the Fourth Circuit (1991-2006) and was assistant attorney general for the Office of Legal Counsel at the Justice Department (1990-1991). ” The King of England was long held to “do no wrong” legally as a matter of immunity.

Laws 34

Laws Legal Legal Attorney 34

JonathanTurley

JANUARY 3, 2022

The problem for courts is that there is no reason to make race itself a factor as opposed to the medical conditions. A court is likely to have difficulty with the use of racial classifications in light of the availability of race neutral factors based on the actual medical conditions. Either that condition exists or it does not exist.

Litigation 53

Litigation Litigating Constitutional Law Court 53

Constitutional Law Reporter

MARCH 29, 2022

Supreme Court addressed the relationship between the “state secrets” privilege and the Foreign Intelligence Surveillance Act of 1978 (FISA). The District Court determined dismissal appropriate because litigation of the dismissed claims “would require or unjustifiably risk disclosure of secret and classified information.”

Court 98

Court Government Constitutional Law Statute 98

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.

Court 94

Court Lawyer Lawyers Law School 94

JonathanTurley

APRIL 14, 2022

Depp and Heard were married for just over a year but have already spent three times than that in litigation. Depp earlier tried to sued a newspaper in England where the libel laws are far more favorable to those claiming defamation. It is a curious defense because it is not a legal defense. In New York Times v.

Litigation 34

Litigation Litigating Legal Legal 34

Above The Law

DECEMBER 14, 2022

* Elon Musk has reportedly ousted Quinn Emanuel's Alex Spiro as Twitter's top -- if not official -- legal counsel. That makes sense, because Spiro is a noted litigator and, having looked at Tesla's stock price, what Musk really needs these days is some bankruptcy counsel. [ Because history is critical to constitutional law.

Constitutional Law 98

Constitutional Law Lawyer Lawyers Litigation 98

JonathanTurley

OCTOBER 23, 2022

3:22-cv-1213 in the District Court for the Western District of Louisiana alleges that Facebook and Twitter coordinated their censorship programs with government officials. Whatever the outcome of the litigation, the filing raises, again, whether our concept of state censorship and a state media are outmoded. The complaint in Schmitt v.

Government 35

Government Litigation Litigating Constitutional Law 35

LawTechnologyToday

FEBRUARY 28, 2023

Our Panelist: Karina Perez Ilić (KPI) [link] Silvia Amador Brett (SAB) [link] Annabelle Bichler (AB) [link] Jenna Sutter (JS) [link] Brian Mickelsen (BM) is a founding partner of Mickelsen Dalton and a dynamic trial lawyer who has litigated in 12 states. You can learn more on The Entrekin Law Firm’s personal injury page.

Law School 98

Law School Laws Personal Injury Education 98

Constitutional Law Reporter

APRIL 4, 2022

Supreme Court heard oral arguments in four cases last week, it was missing hospitalized Justice Clarence Thomas. The issues before the Court included challenges to North Carolina’s voter ID law, the waiver of arbitration agreements, and international child custody disputes. Sundance, Inc.: Concepcion , 563 U.S. ” Golan v.

Litigation 52

Litigation Litigating Depositions Constitutional Law 52

ClimateChange-ClimateLaw

APRIL 26, 2024

The judgment of the European Court of Human Rights (ECtHR) in the case Verein KlimaSeniorinnen v. Switzerland is a striking example of the Paris effect: the influence of the non-binding collective goals of the Paris Agreement (PA) on the interpretation of domestic constitutional law or international human rights law in climate litigation.

Litigation 117

Litigation Litigating Court Diligence 117

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. ” Judge Mizelle noted that the law stands in conflict with the Bruen decision.

Statute 45

Statute Government Court Court Rules 45

LexForti

JULY 26, 2021

This research paper also focuses on the directions of the Supreme Court in Shyam Narayan Chouksey v. The scheme must be seen as one in which Constitution envisages in responsible citizens and in that sense the fundamental duties shall be performed and seen as an educative role. Relations Between Fundamental Rights and Duties.

Legal 52

Legal Legal Court Laws 52

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.

Tort 87

Tort Litigation Litigating Court 87