SCOTUSBlog

JUNE 27, 2022

Share This article is part of a symposium on the court’s decision in New York State Rifle & Pistol Association v. Saul Cornell is the Paul and Diane Guenther chair in American history at Fordham University and adjunct professor of law at Fordham Law School. Bruen does mark a new low for the court.

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Constitutional Law Reporter

JUNE 5, 2023

Supreme Court rejected a constitutional challenge to a California animal welfare law that requires pork sold in the state to come from humanely raised pigs. According to the Court, the law did not violate the dormant commerce clause in regulating the pork industry outside California. We decline that invitation.

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NewYorkCourtWatcher

NOVEMBER 26, 2020

(This is a brief detour to address significant decisions just rendered by the Supreme Court and New York State's Highest court.)One One tribunal, the Supreme Court, took constitutionally protected free exercise of religion seriously. Perhaps, the Court even went overboard in doing so.By

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SCOTUSBlog

SEPTEMBER 10, 2021

Share Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. God Has No Place in Supreme Court Opinions (Linda Greenhouse, The New York Times). Abortion Brush-Off Contrasts With Supreme Court’s Move in Church Case (Greg Stohr, Bloomberg).

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Constitutional Law Reporter

FEBRUARY 10, 2022

New York , 595 U. Supreme Court held that the trial court’s admission—over a criminal defendant’s objection—of the plea allocution transcript of an unavailable witness violated his Sixth Amendment right to confront the witnesses against him. The Court’s vote was 8-1, with Justice Clarence Thomas as the lone dissenter.

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SCOTUSBlog

JULY 28, 2022

Share When the Supreme Court ended the constitutional right to abortion in Dobbs v. The Dobbs majority opinion was the third-longest Supreme Court opinion since the beginning of the 1946-47 term, according to our analysis. Both trends could further diminish perceptions of a collegial and productive court.

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SCOTUSBlog

JUNE 27, 2023

Share The Supreme Court on Tuesday threw out the conviction of Billy Raymond Counterman, a Colorado man who was sentenced to four-and-a-half years in prison for stalking based on his Facebook messages. Counterman came to the Supreme Court last summer, asking the justices to weigh in.

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SCOTUSBlog

APRIL 14, 2021

Ask any constitutional law student to name the most iconic Supreme Court decision, and they’ll probably answer Marbury v. Those two landmark rulings stand as the most celebrated decisions the court has ever issued. Maryland : “[W]e must never forget that it is a constitution we are expounding.” Board of Education.

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JonathanTurley

NOVEMBER 4, 2021

We have been discussing ( here and here and here ) the Supreme Court challenge in New York State Rifle & Pistol Association Inc. Bruen , the first Second Amendment case before the Supreme Court in over ten years. City of Chicago , the court ruled that this right applied against the states. Penal Law § 400.00(2)(f)

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NewYorkCourtWatcher

JULY 6, 2020

Vullo, a New York appellate court rejected religious objections to paying for abortion coverage. The state's Appellate Division, Third Department, voted unanimously to deny the Albany Catholic Diocese, as well as other religious groups, an exemption from New York's.

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JonathanTurley

NOVEMBER 26, 2020

Supreme Court delivered a surprising blow to pandemic restrictions on house of worship in a late night order barring the enforcement of New York Gov. Notably, this is the first major ruling where Barrett’s addition to the Court was determinative as the swing vote. The diocese filed with the Supreme Court on Nov.

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NewYorkCourtWatcher

JULY 1, 2023

Wilson, Opening RemarksSenate Confirmation Hearing, April 17, 2023 At Columbia Law SchoolIn previous posts in this series, we reviewed Rowan Wilson's eventual selection to sit on New York's highest court in 2016 by then-Governor Andrew Cuomo, and his nomination to be Chief Judge this past April by

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JonathanTurley

JULY 23, 2022

As various states move to pass controversial new gun control laws after the decision in New York State Rifle & Pistol Association v. Bruen, one such law was just enjoined by a federal court in Colorado. and Wyoming, correctly found that the law clearly ran afoul of the controlling precedent.

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JonathanTurley

NOVEMBER 2, 2021

On Wednesday, the Supreme Court will take up arguably the oldest and most controversial right in our history. New York State Rifle Association v. Bruen is the first major gun rights case in over ten years to come before the Supreme Court and it has the makings of a major gun rights victory in the making.

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NewYorkCourtWatcher

AUGUST 3, 2020

Smith Opinion We've previously discussed how New York's highest court, when deciding Catholic Charities v. Serio in 2006, did so with the Supreme Court's 1990 decision in Oregon v. Smith as a backdrop.

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JonathanTurley

SEPTEMBER 30, 2021

It is the latest loss of the city, which continues to pass legislation that runs afoul of governing Supreme Court precedent. Heller , the Supreme Court in 2008 ruled the right to bear arms is an individual right. City of Chicago , the court ruled that this right applied against the states. In District of Columbia v.

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JonathanTurley

JULY 12, 2021

Below is my column in the Hill newspaper on the declaration of a gun violence emergency by New York Gov. The centerpiece of Cuomo’s plan is a new law to allow victims of gun violence to sue gun manufacturers under a nuisance theory. It has failed repeatedly in various states, including New York.

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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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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.

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SCOTUSBlog

JUNE 29, 2022

Share This article is part of a symposium on the court’s decision in New York State Rifle & Pistol Association v. Esther Sanchez-Gomez is the senior litigation attorney with Giffords Law Center. The public safety implications of the right the court announced last week are far from controversial.

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Broadcast Law Blog

MARCH 16, 2017

The Florida case has been referred to that state’s highest court for an advisory ruling on the state of the state’s law on the issue, and earlier this week, the same thing happened in California. A decision on this issue in any state is binding only in that state. A decision on this issue in any state is binding only in that state.

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Constitutional Law Reporter

MAY 13, 2022

Supreme Court held that to demonstrate a favorable termination of a criminal prosecution for purposes of the Fourth Amendment claim under 42 U.S.C. In January 2014, petitioner Larry Thompson was living with his fiancée (now wife) and their newborn baby in an apartment in Brooklyn, New York. Supreme Court’s Decision.

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NewYorkCourtWatcher

JULY 12, 2020

Smith Opinion Before advancing to the New York decisions, it probably makes sense to first address the three rulings just handed down by the Supreme Court dealing with religion. More Aftermath of Scalia's Dreadful Oregon v.

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Constitutional Law Reporter

NOVEMBER 30, 2021

The Supreme Court heard oral arguments in at least two blockbuster cases last week. In New York State Rifle & Pistol Association Inc. Bruen, the Court considered the constitutionality of a New York gun law. Below is a brief summary of the issues before the Court: United States v.

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JonathanTurley

DECEMBER 6, 2023

The use of the headdress could be treated by a court as opinion since many denounce such images as cultural appropriation. What constitutes racist imagery is a matter of public debate and Phillips can argue that this is obviously just his opinion. In New York Times v. In 1967, the Supreme Court handed down Time, Inc.

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JonathanTurley

SEPTEMBER 9, 2021

Free speech has always held a precarious position in Australia which does not have an equivalent to the First Amendment in guaranteeing free speech as a constitutional right. Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech.

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JonathanTurley

OCTOBER 19, 2021

The law further states “The duty to notify a person or agency under this section is met if a person notifies or attempts to provide such notice by telephone or any other means as soon as reasonably possible.”. I am unaware of such a law in Pennsylvania, but these laws are rarely enforced. The language of this Court in Brown v.

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JonathanTurley

JULY 2, 2023

There is an interesting debate unfolding around the country in the aftermath of the Supreme Court barring the use of race in college admissions. For decades, colleges and universities have sought to downplay the weight given to race in court while insisting that it was one of a number of factors used in maintaining diversity.

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Conflict of Laws

AUGUST 31, 2021

It features: Christian Kohler , Honorary Professor at the University of Saarland, Limiting European Integration through Constitutional Law? Recent Decisions of the German Bundesverfassungsgericht and their Impact on Private International Law (in English).

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JonathanTurley

JUNE 4, 2022

New York has long been the source of major litigation over gun control. That includes the possible loss before the Supreme Court in a pending major gun rights case. Now, New York has moved to ban anyone under age 21 from buying or possessing a semi-automatic rifle in response to the recent shootings at a supermarket in Buffalo.

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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.

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JonathanTurley

JANUARY 3, 2021

Smith (1990) , the Supreme Court rejected the claim of exemption of tribes from the federal criminal prohibition on the sue of peyote from the general application of its criminal laws. Mayes (1896) where the Court declined to apply individual rights protections to a tribal proceeding. Conversely, in Morton v.

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Constitutional Law Reporter

APRIL 22, 2024

Supreme Court heard oral arguments in six cases last week, with two potential First Amendment blockbusters before the Court. Vullo , the justices considered the NRA’s free speech claims against the former head of New York’s Department of Financial Services. Supreme Court granted certiorari on November 3, 2023.

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JonathanTurley

APRIL 23, 2021

The standard for defamation for public figures and officials in the United States is the product of a decision over 50 years ago in New York Times v. The New York Times had run an advertisement referring to abuses of civil rights marchers and the arrest of Martin Luther King Jr. seven times.

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JonathanTurley

SEPTEMBER 27, 2021

Here is the column: This past week the American Civil Liberties Union honored the late Supreme Court Justice Ruth Bader Ginsburg on the one-year anniversary of her death — by rewriting her famous defense of a woman’s right to abortion to remove offensive language. This already is being litigated in some lower courts.

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JonathanTurley

JUNE 22, 2022

As we wait for the release of the most significant Second Amendment case in over a decade from the Supreme Court (as early as tomorrow), CBS featured Ibram X. States opposed to slavery, like Vermont, Pennsylvania, New Hampshire, New York and Rhode Island, had precursor state constitutional provisions recognizing the right to bear arms.

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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. In convicting Joseph Percoco, who served as campaign manager for New York Gov. In convicting Joseph Percoco, who served as campaign manager for New York Gov. Last week, the U.S.

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