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Fifth Circuit Blocks Texas SB 4 and Rejects the Invasion Theory Under State War Clause

JonathanTurley

The United States Court of Appeals for the Fifth Circuit has blocked border enforcement by the state under Texas’s SB 4. Many of us had predicted this result given the prior precedent of the Supreme Court on the federal preemption of state immigration laws. ‘Removal is a civil, not criminal, matter.’

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Texas Supreme Court Lifts Restraining Order Protecting Democratic Legislators from Arrest

JonathanTurley

Last night, the Texas Supreme Court lifted the temporary restraining order. The earlier discussion noted that the authority of the Texas legislature to compel the appearance of members (which is the same as the provision in U.S. Constitution) is expressly stated in the state constitution. That is clear legal authority.

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California Dreaming: Newsom’s Kidnapping Claim Against DeSantis is Long on Politics and Short on the Law

JonathanTurley

.” The problem, however, is that this is just like the transport of migrants to Martha’s Vineyard in September 2022, which a number of Democratic leaders and legal experts insisted was also a clear case of kidnapping and human trafficking. First, let’s look at the law. Newsom previously asked the U.S.

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Federal Judge Orders Appointment of Special Master and Halts Use of Seized Mar-a-Lago Material by Prosecutors

JonathanTurley

In another defeat for the Justice Department, a federal court has ordered not just the appointment of a Special Master but halted the use of the seized Mar-a-Lago documents by prosecutors until the legal status of these documents is established (The ongoing intelligence security review of classified material can continue). The ruling by U.S.

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DOJ Drops Threshold Opposition to Special Master on Appeal; Only Challenges Part of Cannon Order

JonathanTurley

While legal experts pushed the department to challenge the entire order, the Department is seeking a smaller target. ” Despite a chorus of legal experts claiming that the entire order is legally unfounded and unsupportable, the DOJ is not making those arguments in court. It is a smart move.

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Bowser’s About Face: The District Admits Using Tear Gas Against Protesters and Seeks To Dismiss BLM’s Lafayette Park Lawsuit

JonathanTurley

Yet, the host of legal experts and media who condemned the use of tear gas and the clearing of the Lafayette park area last year are entirely silent on the disclosures. As I noted in my testimony to Congress on the protest, the clearing of the park raised serious legal questions, particularly the unjustified use of force that night.

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Texas Supreme Court Rejects Defamation Claims of Pro-Choice Group

JonathanTurley

The Texas Supreme Court has handed down a major ruling in defense of free speech this week. The underlying cases stem from an intense political fight over an ordinance passed by the city council in Waskom, Texas. It conditionally criminalized aiding or abetting most abortions if the United States Supreme Court later overruled Roe v.