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.

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SCOTUSBlog

OCTOBER 10, 2022

Brian Frazelle of the Constitutional Accountability Center, which filed a brief on behalf of constitutional law professors , said that the challengers are seeking a “dramatic expansion” of the law that would call many other kinds of laws into question.

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Court Laws Manufacturing Constitutional Law 109

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.

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SCOTUSBlog

JUNE 27, 2022

In District of Columbia v. If anyone had any doubts that the new originalism was the Federalist Society’s latest intellectual scam , then these two approaches to reading constitutional texts ought to dispel any lingering doubts. Apparently, that claim continues to a be a promise as yet unfilled. June, 2022).

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Laws Law Office Court Legal 145

JonathanTurley

JULY 23, 2022

and Wyoming, correctly found that the law clearly ran afoul of the controlling precedent. The Court held in District of Columbia v. Heller that the Second Amendment protects arms that are “commonly used by law-abiding citizens for lawful purposes.”

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Court Laws Constitutional Law 40

JonathanTurley

NOVEMBER 4, 2021

In 2008, the Supreme Court recognized the right to bear arms as an individual right in District of Columbia v. Yesterday’s oral argument appeared to confirm the expectations in those columns on the likely reversal of the United States Court of Appeals for the Second Circuit and a reinforcement of Second Amendment rights.

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JonathanTurley

NOVEMBER 2, 2021

That is evident from the fact that it was not until 2008 that the Supreme Court finally recognized the right to bear arms as an individual right in District of Columbia v. Despite that history, the meaning of the right has remained the subject of heated debate. Two years after Heller, in McDonald v.

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JonathanTurley

JUNE 30, 2021

Roughly 30 states and the District of Columbia have statutes allowing for recovery for wrongful convictions and imprisonment. One question is whether Cosby could now sue for not just the prosecution but the incarceration in light of the ruling of the Supreme Court. Pennsylvania is not one of them (which is quite surprising).

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JonathanTurley

JUNE 1, 2022

While there are good-faith objections to how the Second Amendment has been interpreted, the current case law makes such bans very difficult to defend. In 2008, the Supreme Court handed down a landmark ruling in District of Columbia v. Heller , recognizing the Second Amendment as encompassing an individual right to bear arms.

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Laws Constitutional Law Court 9

Constitutional Law Reporter

NOVEMBER 18, 2021

District of Columbia v. The post Supreme Court Sides With Police in Two Qualified Immunity Cases appeared first on Constitutional Law Reporter. Wesby, 583 U.S. 2018) (quoting Saucier v. Katz, 533 U. 194, 202 (2001)). Accordingly, the officers were entitled to qualified immunity.

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Constitutional Law Reporter

DECEMBER 11, 2023

Court of Appeals for the District of Columbia Circuit upheld the ATF rule, creating a circuit split. The post SCOTUS Adds Two Additional Gun Rights Cases to Docket appeared first on Constitutional Law Reporter. While the Sixth Circuit Court of Appeals reached the same conclusion in a similar suit, the U.S.

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Court Constitutional Law Government Laws 52

JonathanTurley

MARCH 10, 2022

District of Columbia v. The Ninth Circuit acknowledge that “while there need not be ‘a case directly on point, [] existing precedent must have placed the statutory or constitutional question beyond debate.” Wesby, 138 S. 577, 589 (2018). ” Ashcroft v. al-Kidd, 563 U.S. 731, 741 (2011).

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Statute Court Laws Constitutional Law 7

JonathanTurley

AUGUST 16, 2021

Yet, Kavanaugh supplied the fifth vote in favor of the CDC to allow the law to simply expire and thereby enable an “additional and more orderly distribution of the congressionally appropriated rental assistance.”. In May, Judge Friedrich ruled the previous version of the moratorium was unlawful.

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JonathanTurley

JUNE 4, 2022

The reference may be to this Scalia quote from the District of Columbia v.Heller decision: There seems to us no doubt, on the basis of both text and history, that the Second Amendment conferred an individual right to keep and bear arms.

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Litigation Litigating Laws Court 36

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.

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JonathanTurley

OCTOBER 18, 2021

In 2008, the Supreme Court handed down a landmark ruling in District of Columbia v. The case promises to be a showdown between the Supreme Court and lower courts, which have been chipping away at the high court’s prior Second Amendment rulings. Two years after Heller, in McDonald v.

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SCOTUSBlog

APRIL 9, 2021

Balkin, Knight Professor of Constitutional Law and the First Amendment at Yale Law School. Bob Bauer (co-chair), professor of practice, distinguished scholar in residence and co-director of the Legislative and Regulatory Process Clinic at New York University School of Law. Griffith, retired judge on the U. Cristina M.

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JonathanTurley

OCTOBER 25, 2021

The federal government also is subject to the Religious Freedom Restoration Act (RFRA), which prohibits the government and other covered entities like the District of Columbia from “substantially burden[ing]” a person’s exercise of religion. Under RFRA, there is no “Come on, man,” defense.

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Constitutional Law Reporter

JANUARY 10, 2024

District Judge Carl J. Nichols of the District of Columbia dismissed the 1512(c)2 charges, agreeing with Fisher that the statute is exclusively directed to crimes related to documents, records, or other objects. Court of Appeals for the District of Columbia Circuit erred in construing 18 U.S.C.

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SCOTUSBlog

JUNE 27, 2022

Barnett is the Patrick Hotung professor of constitutional law at the Georgetown University Law Center and the faculty director of the Georgetown Center for the Constitution. Bruen can be analyzed at the level of policy or at the level of constitutional method. New York State Rifle & Pistol Association v.

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Laws Government Constitutional Law Court 142

JonathanTurley

APRIL 7, 2024

Now, Judge Walton has been criticized by the United States Court of Appeals for a District of Columbia for a surveillance order of the computer of a January 6th defendant. ” The issue of these public statements by Trump is currently pending before both state and federal courts, including proceedings in the District of Columbia.

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SCOTUSBlog

DECEMBER 31, 2022

During an illustrious career as a constitutional law scholar and a top Supreme Court advocate, Walter Dellinger argued 24 times before the court, including in some of the biggest cases of the past 30 years. It has been hailed as one of the most important civil-rights decisions for people with disabilities. Laurence Silberman (Oct.

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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.

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Court Court Rules Laws Constitutional Law 45

JonathanTurley

FEBRUARY 4, 2023

See District of Columbia v. 2017) (Ezell II) (“[I]f … the challenged law regulates activity falling outside the scope of the right as originally understood, then ‘the regulated activity is categorically unprotected, and the law is not subject to further Second Amendment review.’” Heller, 554 U.S. City of Chicago, 846 F.3d

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Court Felony Statute Laws 42

JonathanTurley

MAY 27, 2022

Efforts to ban this model already have failed in the courts on constitutional grounds, though litigation is continuing on that issue. In 2008, the Supreme Court handed down a landmark ruling in District of Columbia v. Clearly many have good-faith disagreements with the constitutional interpretations behind Heller.

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Laws Court Litigation Litigating 10

JonathanTurley

SEPTEMBER 9, 2023

In 2008, the District of Columbia in 2008 brought us District of Columbia v. We have seen how Democratic strongholds have proven the greatest assets for gun-rights advocates. major Democratic cities are delivering lasting self-inflicted wounds to gun control efforts with poorly conceived and poorly drafted measures.

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Drafting Government Court Laws 87

JonathanTurley

MAY 29, 2022

While there are good-faith objections to how the Second Amendment has been interpreted, the current case law makes such bans very difficult to defend. In 2008, the Supreme Court handed down a landmark ruling in District of Columbia v. Heller , recognizing the Second Amendment as encompassing an individual right to bear arms.

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Court Litigation Litigating Laws 9

JonathanTurley

MARCH 19, 2024

In 2008, the District of Columbia brought us District of Columbia v. Major Democratic cities are delivering lasting self-inflicted wounds to gun control efforts with poorly conceived and poorly drafted measures. In 2010, Chicago brought us McDonald v.

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Education Entertainment Court Sports 47

JonathanTurley

SEPTEMBER 7, 2023

In making the argument, Hunter will have to claim that references to gun ownership by “law-abiding citizens” in past cases like District of Columbia v. Heller and Bruen should not be read to exclude everyone who breaks the law. Judge Smith cites a prior ruling in United States v.

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Government Laws Court Lawyer 54

JonathanTurley

FEBRUARY 9, 2024

” Justice Eddins is referencing District of Columbia v. The history of the Hawaiian Islands does not include a society where armed people move about the community to possibly combat the deadly aims of others.” Heller , where the U.S. Most recently, in 2022 in New York State Rifle & Pistol Association v.

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JonathanTurley

DECEMBER 19, 2021

In 2008, the District of Columbia in 2008 brought us District of Columbia v. The problem is that major Democratic cities are delivering lasting self-inflicted wounds to gun control efforts with poorly conceived and poorly drafted measures. In 2010, Chicago brought us McDonald v.

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Manufacturing Laws Litigation Litigating 28

JonathanTurley

JULY 17, 2022

District of Columbia that the Second Amendment was “neither a regulatory straightjacket nor a regulatory blank check.” Hochul and others are relying on a concurrence in Bruen by Justice Brett Kavanaugh, who was joined by Chief Justice John Roberts. Kavanaugh reaffirmed the language in the 2008 decision in Heller v.

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Education Entertainment Sports Government 41

JonathanTurley

DECEMBER 5, 2021

Notably, Sotomayor pointed out another allegedly “political” decision in the court’s recognition of an individual right to bear arms; she and Breyer both indicated a willingness to overturn the ruling in that case, District of Columbia v.

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Stare Decisis Court Laws Legal 9

Constitutional Law Reporter

JUNE 3, 2022

District Court for the District of Columbia. Justice Sonia Sotomayor is the only other current justice with experience as a judge in the trial or district courts. The post Ketanji Brown Jackson to Join SCOTUS as First Black Female Justice appeared first on Constitutional Law Reporter.

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Law School Court Constitutional Law Criminal Law 52

JonathanTurley

OCTOBER 3, 2021

Ten years ago, the Supreme Court handed down the landmark ruling in District of Columbia v. District of Columbia , the D.C. Another potentially historic case is coming out of New York: New York State Rifle & Pistol Association v. Two years after Heller , in McDonald v. Then, in Wrenn v. Just last week, D.C.

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Court Court Rules Laws Education 38

JonathanTurley

APRIL 19, 2021

A vote is expected on Thursday in the House for granting the District of Columbia full statehood. The bill will reach the floor without a discussion of the alternative options to securing full voting rights for the district. I have long maintained that the district’s non-voting status is unacceptable and should change.

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Education Manufacturing Constitutional Law Lawyer 77

JonathanTurley

DECEMBER 29, 2023

So here is the list to see if you are residing in an anti-free speech state: Arizona Colorado Connecticut Delaware Hawaii Illinois Maine Maryland Massachusetts Michigan Minnesota Nevada New Jersey New Mexico, New York Oregon Pennsylvania Rhode Island Vermont Washington Wisconsin District of Columbia Here is the brief: Missouri v.

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