SCOTUSBlog

AUGUST 29, 2023

Share So many books cover the work of the Supreme Court that the Journal of Supreme Court History can review several of them in each issue. The overwhelming majority of those books, though, analyze the work of the court interpreting the Constitution. But this book has much more to offer the student of the modern court.

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JonathanTurley

SEPTEMBER 27, 2021

A teacher in Washington was told to remove a “Blue Lives Matter” flag that she put up to support her brother who was a former police officer. On the one hand, certain forms of speech, or speech in certain contexts, has been considered outside the scope of constitutional protection. We now have the inverse case.

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Constitutional Law Reporter

FEBRUARY 10, 2022

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. Supreme Court’s Decision.

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Constitutional Law Reporter

FEBRUARY 27, 2023

Supreme Court recently granted certiorari in Counterman v. 723 (2015), but ultimately decided the case before reaching the constitutional issue. The Colorado Court of Appeals affirmed the conviction. The court acknowledged that “[s]ocial media magnify the potential for a speaker’s innocent words to be misunderstood.”

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JonathanTurley

MAY 5, 2022

While denouncing what they see as the Court abandoning its principles, they are celebrating someone who violated every ethical and professional principle in leaking this draft opinion. Here is the column: Supreme Court Justice Sonia Sotomayor surprised many court watchers in December during the oral argument in Dobbs v.

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JonathanTurley

OCTOBER 31, 2022

Here is the column: Forty-four years ago, the Supreme Court was the center of a raging protest by thousands as the justices took up the case of Regents of the University of California v. As a teenage congressional page, I was one of the faces in that crowd gathered around the court in October 1977 to watch history being made.

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JonathanTurley

OCTOBER 5, 2021

The United States Supreme Court affirmed the decision of the United States Court of Appeals for the District of Columbia (and the later denial of a motion for consideration ) in rejecting the much touted lawsuit to give residents a vote in Congress. I have written about D.C. residents a vote in Congress without statehood.

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JonathanTurley

AUGUST 30, 2021

Recently, I was critical of a Washington Post column by University of California-Berkeley Dean Erwin Chemerinsky and Professor Aaron S. Apparently, one such judge is United States District Court Judge Michael Fitzgerald who went out of his way to say that this was not a close question before summarily dismissing the Chemerinsky/Edlin theory.

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JonathanTurley

NOVEMBER 4, 2023

Yesterday, a three-judge panel of the United States Court of Appeals for the Seventh Circuit voted 2-1 to overturn an injunction against Illinois’ “assault weapons” ban. The case could set up a major test for gun rights for the United States Supreme Court. Raoul by U.S. District Judge Stephen P. Conservative judge Michael P.

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JonathanTurley

MARCH 6, 2023

A video has gone viral of the owner of a Washington state dispensary unleashing a profanity-laced verbal attack on state trooper, Yasin Anwar, who pulled over a driver near the Green Seed in Moses Lake, Washington, a marijuana shop. City of Fort Smith , the court heard a similar case. In 1971, the Court ruled in Cohen v.

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JonathanTurley

NOVEMBER 20, 2023

Those efforts received a boost recently from the United States Court of Appeals for the Fourth Circuit, which rejected the free speech claims of North Carolina State University Professor Stephen Porter. Board of Trustees of North Carolina State University is pending before the Supreme Court for possible review. and Maurice C.

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Broadcast Law Blog

JUNE 22, 2017

Supreme Court has invalidated the statutory bar against the federal registration of disparaging trademarks, on the ground that it violates the First Amendment and is unconstitutional. What does this mean for businesses in general, including, in particular, broadcasters and the Washington DC National Football League franchise?

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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. I was delighted when he accepted.

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JonathanTurley

JULY 12, 2021

The highlight of the package, though, is a new law allowing people harmed by firearms to sue the manufacturers. Not only does that law face serious constitutional challenges but similar lawsuits brought on similar grounds have failed miserably in the courts. Either way, it is not the law being pitched to the public.

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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

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

OCTOBER 19, 2021

Generally there is no duty to rescue or to call police under the common law. For example, Washington state allows for the charging of a misdemeanor. The law covers violent crimes, sexual assault, and assault of a child. The language of this Court in Brown v. Some states have moved to penalize those who do not call police.

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Constitutional Law Reporter

JUNE 17, 2022

Supreme Court held that the authority of a court to imply a cause of action under Bivens v. While the Court did not overrule Bivens , it did emphasize that recognizing a Bivens cause of action is “a disfavored judicial activity.”. Respondent Robert Boule owns a bed-and-breakfast—the Smuggler’s Inn—in Blaine, Washington.

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JonathanTurley

MAY 19, 2021

The case could present an important court test for this country in resisting the criminalization of speech that we have seen in Europe. Supreme Court weighs the right of schools to punish students for out-of-school speech in Mahanoy Area School District v. The Supreme Court accelerated that trend in its Morse decision.

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JonathanTurley

MAY 12, 2021

In a major but likely controversial victory for free speech, the United States Court of Appeals for the Fourth Circuit overturned the conviction of a retired Air Force Colonel for using a racial epithet at the shoe store on the Marine base at Quantico in Virginia. 568, 572 (1942), the Court has sharply abridged the application that exception.

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JonathanTurley

MARCH 4, 2023

.” The question is whether such race-based leave would be constitutional. The Supreme Court has required satisfaction of the strict scrutiny test in race-based programs but has not (thus far) ruled out any consideration of race in admissions or other benefits. That could trigger a challenge by non-Black faculty. ”

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LawSites

FEBRUARY 7, 2024

It was a bathroom break that inspired Bradley Neal , a 3L at The George Washington University Law School , to develop a product that uses generative AI to help law students better understand and brief cases. Returning to class after a visit to the bathroom, he had lost the thread of the case the professor was discussing.

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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.

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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)

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JonathanTurley

DECEMBER 24, 2023

Courts have repeatedly found the Biden administration to be engaging in racial discrimination in such programs. Another court held that the administration engaged in systemic discrimination in implementing COVID-19 relief for restaurants and bars. the high court ruled that “legislative assurances of good intention cannot suffice.”

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JonathanTurley

FEBRUARY 7, 2023

Judge Colleen Kollar-Kotelly in the District Court for the District of Columbia has caused a bit of a stir after a hearing in a criminal case where she called for briefing on the alternative grounds for the right to an abortion. The theory runs against the text, history, and case law of the Thirteenth Amendment. 1359, 1365–66 (1992).

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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.

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JonathanTurley

MAY 31, 2023

Years ago, my medical colleagues at George Washington University were performing cardiac surgery on an elderly law professor when his arm slipped off the table. The recusal was a riveting moment for the court, and his colleagues quickly dispensed with the frivolous claim. I think of the number 3930. I think of Tom Buergenthal.

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JonathanTurley

APRIL 15, 2022

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.” The TJ case is important not just to constitutional but educational standards in America. Follow him on Twitter @JonathanTurley.

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JonathanTurley

FEBRUARY 26, 2022

Below is my column in the Hill on the acceptance of a major new case by the Supreme Court on the issue of free speech and anti-discrimination laws. However, this case has the makings of a major course change for the Court. The court ultimately punted in that case, Masterpiece Cakeshop v.

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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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JonathanTurley

SEPTEMBER 23, 2021

A district court has now ordered Thatcher to pay $17,000 and undergo First Amendment training. Notably, when George Washington University student and self-professed Antifa member Jason Charter was charged as the alleged “ringleader” of efforts to take down statues in Washington, D.C., Charter declared the “movement is winning.”

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JonathanTurley

JUNE 30, 2023

The decision of the Supreme Court to end the use of race in college admissions was not unexpected. Yet, President Joe Biden seemed to go into full attack mode and actually claimed that the Court gutted the constitutional guarantee that “all men and women are created equal.” That happens to be utterly false.

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JonathanTurley

JULY 27, 2021

There is a new ruling out of the United States Court of Appeals for the Tenth Circuit that could be headed for a major showdown in the Supreme Court. Elenis could force a hitherto evasive Court to rule directly on the conflict between anti-discrimination laws and the religious clauses. Washington in light of its decision.

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JonathanTurley

JUNE 3, 2023

Since the time of court jesters, comedians have challenged rulers and entrenched political classes. Jonathan Turley, an attorney, constitutional law scholar and legal analyst, is the Shapiro Chair for Public Interest Law at The George Washington University Law School.

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JonathanTurley

JULY 11, 2023

Court of Appeals for the Ninth Circuit rejected claims that appointment violations were mere technical concerns. Kijikazi that such a “violation is thus no mere technicality or quaint formality — it weakens our constitutional design. Last September, for example, the U.S. It stressed in Cody v.

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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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