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Supreme Court Hears Challenge to EPA’s Good Neighbor Rule

Constitutional Law Reporter

Supreme Court heard oral arguments in four cases last week. One of the most closely watched is Ohio v. While the case centers on the EPA’s regulation of interstate air pollution under the Clean Air Act, the issues before the Court are largely procedural. Environmental Protection Agency , which challenges the U.S.

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Supreme Court Upholds Corporate Personal Jurisdiction Laws

Constitutional Law Reporter

Supreme Court upheld the constitutionality of state laws requiring corporations operating within their borders to consent to personal jurisdiction when they register to do business in those states. According to the Court, such laws do not offend the Constitution’s Due Process Clause. In Mallory v.

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SCOTUS Kicks Off February Session With Four Cases

Constitutional Law Reporter

Supreme Court returned to the bench this week to begin their February session. In the most high-profile case of the week, the Court addressed the scope of the attorney-client privilege when an attorney provides both legal and non-legal advice. The Ohio Adjutant General’s Department v. In the D.C. Muth , 491 U.S.

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At a vestige of the Manhattan Project, a fight over workers’ compensation and intergovernmental immunity

SCOTUSBlog

Share Under established constitutional law, states may generally not tax or regulate property or operations of the federal government. A 1936 federal law waives federal immunity from state workers’ compensation laws on federal land and projects. This principle is known as intergovernmental immunity. Washington.

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“Without any Doubt, Beyond a Reasonable Doubt, Beyond any Doubt”: Tribe Declares Trump Committed Attempted Murder

JonathanTurley

It was due to the paucity of direct evidence of a crime that would hold up in court. LEXIS 1033 *, 2021 WL 633384, the court noted: Attempted murder requires a finding of specific intent to kill such that implied malice is insufficient to support a conviction for that offense. See People v. Gillespie, 2022 Cal. Indeed, in People v.

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“The Illegality…Was Obvious”: An Analysis of the Carter Opinion on Jan. 6th

JonathanTurley

District Court for the Central District of California this week have electrified commentators across the networks and the Internet. The declarations by the court have led to a frenzy in the media and renewed calls for the prosecution of the former president. “The illegality of the plan was obvious.” Those words of Judge David O.

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Trump’s Liability Or Opportunity? Two Capitol Police Officers Sue Trump Over Capitol Riot

JonathanTurley

In my view, the lawsuit contravenes free speech as well as controlling case law from the Supreme Court. COUNT FOUR (Violation of a Public Safety Statute: D.C. COUNT FIVE (Violation of a Public Safety Statute: D.C. That claim runs directly counter to the controlling case law. Code § 22-1322 – Incitement to Riot).