Constitutional Law Reporter

NOVEMBER 3, 2021

Supreme Court heard oral arguments in person for the first time in more than 18 months. Below is a brief summary of the other cases before the Court: Wooden v. Mississippi v. Tennessee: The case involves an interstate water dispute between the states of Mississippi and Tennessee. Last week, the U.S. In Brecht v.

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JURIST

AUGUST 6, 2023

The US Fifth Circuit Court of Appeals ruled Friday that an 1890 state constitutional provision permanently preventing people convicted of certain felonies from voting, Section 241, is unconstitutional. This end-justifies-means analysis has no place in constitutional law.”

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JonathanTurley

NOVEMBER 30, 2021

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. The Supreme Court will hear one of the most important abortion cases in decades this week in in Dobbs vs. Jackson Women’s Health Organization.

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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. The Court ordered that. It is not clear what the Court meant by “does not prevent the federal government from taking any action with respect to that policy.” Circuit upheld the order.

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JonathanTurley

SEPTEMBER 8, 2021

The fact is that a greater challenge to Roe is not coming from Texas but Mississippi. The Court already has a case on the docket, Dobbs vs. Jackson Women’s Health Organization, that could roll back on Roe and allow for greater pre-viability limitations. Garland was clearly under pressure from Biden to promise some action.

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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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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

DECEMBER 10, 2021

The Supreme Court issued decisions today in the pending issues in Whole Woman’s Health v. As anticipated in the earlier column , the Supreme Court did not grant an injunction and dismissed the Biden Administration’s lawsuit. That track originates in Mississippi, not Texas. Jackson and United States v.

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JonathanTurley

MAY 20, 2021

Below is my column in The Hill newspaper on the Supreme Court accepting a major new challenge over abortion with Dobbs vs. Jackson Women’s Health Organization. Supreme Court heard the first arguments in Roe v. Wade , a case that not only would transform constitutional law but political divisions in the United States.

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JonathanTurley

MAY 17, 2021

Over the strong opposition of pro-choice groups, the Supreme Court just granted cert in Dobbs vs. Jackson Women’s Health Organization , 19-1392. The case could prove a turning point for the Court on reproductive rights. The law was blocked by the United States Court of Appeals for the Fifth Circuit. Russo (2020).

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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 1, 2021

Those words from actress Jane Greer, the ultimate femme fatale in the 1947 film-noir classic, “Out of the Past,” could well have been written above the caption of the Biden administration’s brief this week before the Supreme Court, seeking to enjoin the Texas abortion law. The Dobbs case is due to be argued in December.

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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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JonathanTurley

SEPTEMBER 1, 2023

District Court for the Western District of Texas ruled that a Texas law requiring age-verification and warning labels about the alleged dangers of porn contravenes the First Amendment. The court found that “the statute is not narrowly tailored and chills the speech of Plaintiffs and adults who wish to access sexual materials. [it]

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JonathanTurley

DECEMBER 4, 2021

However, that does not answer the question of whether, if you are claiming the burden of raising a child, the court should consider the decision not to use adoption to avoid that burden. ” Barrett was asking about the burden claims expressly made by the challengers to the Mississippi law.

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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

OCTOBER 3, 2021

This week, the Supreme Court will again assemble for a new term and pundits and politicians are already handicapping the cases. This term however has more drama and tension as Democrats call for packing the Court with an instant liberal majority and others attack its members in anticipation of opinions that have yet to be written.

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JonathanTurley

DECEMBER 13, 2021

Below is my column in the Hill on the call by the Biden White House and many in the media to pass the Women’s Health Protection Act (WHPA) in light of the recent decision of the Supreme Court not to enjoin the new abortion law in Texas. Sotomayor encouraged advocates not to wait for any decision of the Court.

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JonathanTurley

SEPTEMBER 6, 2021

Below is my column in The Hill on reaction to the refusal of the Supreme Court to enjoin the Texas abortion law. The order of the Court expressly did not reach the merits and certainly did not, as claimed, overturn Roe v. The Texas law is not even the greatest threat to Roe. 1 to demand emergency court intervention.

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JonathanTurley

JULY 7, 2022

Now a Harvard poll reaffirms earlier polling that shows most Americans embrace views closer to Mississippi than Michigan on abortion. Indeed, while Democratic leaders denounced the Mississippi law setting a 15-week limit on abortion, 72 percent of those polled support that limit. Supreme Court overturned Roe v.

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SCOTUSBlog

NOVEMBER 30, 2021

Jackson Women’s Health Organization , the potentially momentous abortion case concerning a Mississippi law banning abortion after 15 weeks of pregnancy. Amicus briefs supporting Mississippi. Numerous groups attack the viability standard that the court adopted in Roe v. The viability framework.

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JonathanTurley

JUNE 27, 2022

Jackson Women’s Health Organization, six Supreme Court justices noted that the nation was grappling with this deeply divisive issue in 1973 but that “Roe abruptly ended that political process.” The court has now declared that the future of abortion will rest with 330 million Americans rather than nine justices. How much has changed.

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JonathanTurley

NOVEMBER 14, 2022

A federal court found a non-racial purpose in the law to require a majority-supported election as a “bedrock ingredient of democratic political philosophy.” That part of the opinion was upheld by the appellate court , though the court was reversed on other grounds.

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