LexForti

OCTOBER 4, 2021

Keywords: Judicial Review, Constitutionality of Law, Re-modification of Laws, etc. These Petitions were filed under Article 226 of the Constitution. State of Tamil Nadu, where it was held that, if the language of the statute is clear and precise, then there is no need to read the words of such law into the statute.

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SCOTUSBlog

JUNE 27, 2022

Saul Cornell is the Paul and Diane Guenther chair in American history at Fordham University and adjunct professor of law at Fordham Law School. It is particularly noteworthy that Justice Stephen Breyer called out his colleagues for engaging in the most rank form of law-office history in his dissent.

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Conflict of Laws

MAY 9, 2023

Written by Zuzanna Nowicka , lawyer at the Helsinki Foundation for Human Rights and lecturer at Department of Logic and Legal Argumentation at University of Warsaw In the aftermath of the judgment of the ICJ of 2012 in the case of the Jurisdictional Immunities of the State (Germany v. It is supposed to take place on May 23, 2023.

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Constitutional Law Reporter

MARCH 10, 2022

The issues before the Court involved Native American law and immigration. United States : The case involves the Constitution’s double jeopardy clause and how it applies toa prosecution in the Court of Indian Offenses. Supreme Court recently returned to the bench for its February sitting. Ysleta del Sur Pueblo v.

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JonathanTurley

MAY 5, 2022

Below is my column in USA Today on the leaking of the draft opinion in Dobbs v. 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. The draft opinion, if left unchanged, would sweep away Roe v.

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JonathanTurley

MARCH 7, 2021

There is no dispute that the Electronic Draft and the Letter were both literary works, which were recorded in writing in or before August 2018. Given that the Letter is entirely derivative of the Electronic Draft, there is an issue as to whether the requirement of originality is met.

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JonathanTurley

MAY 14, 2022

After denouncing the recent leak of the draft opinion that would overturn Roe v. The comment quickly lit up the lines of law professors, including my own mailbox. I have long questioned the weight given stare decisis in constitutional cases. That was one of the central arguments in favor of preserving Roe.

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JonathanTurley

SEPTEMBER 29, 2022

However, in my view, the media’s interpretation of the letter has exceeded any reasonable construction of the law. The law does not prevent professors from discussing abortion or supporting the right in their classes. Rather, it says that the enforcement or interpretation of the law “remains unclear.”

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Conflict of Laws

MARCH 30, 2023

Yesterday, on March 29, 2023, the German Constitutional Court published its long-awaited (and also long) decision on the German “Act to Combat Child Marriage” ( Gesetz zur Bekämpfung von Kinderehen ). 1 EGBGB ) – regardless of whether the marriage is valid under the normally applicable foreign law. That was a long time ago.

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LexForti

JUNE 2, 2021

It would be pertinent to mention the various issues that were contemplated in the present case, which can be elucidated under the following: Whether there is any nexus with respect to the rights that have been guaranteed under Articles 14, 19 and 21 of the Indian Constitution?

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JonathanTurley

NOVEMBER 30, 2021

The Washington Post has been criticized for running a column by Aaron Tang , professor of law at the University of California at Davis, claiming an originalist basis for the right to abortion. The column makes highly dubious claims over the legality of early stage abortions and the likely understanding of the Framers of such a right.

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Constitutional Law Reporter

AUGUST 2, 2023

The HEROES Act allows the Secretary to ‘waive or modify’” provisions of the student aid laws, “but does not allow the Secretary to rewrite that statute to the extent of canceling $430 billion of student loan principal,” Chief Justice John Roberts wrote on behalf of the Court. Those provisions remain safely intact in the U.

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JonathanTurley

DECEMBER 12, 2021

Gavin Newsom thrilled many this weekend by saying that his administration will model a new law on Texas’ abortion ban that would let private citizens sue anyone who makes or sells assault weapons or ghost guns. Legally, that is. First, the Texas law was quickly found to be unconstitutional, as would the California law.

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JonathanTurley

MAY 28, 2021

We recently discussed the controversy at Rutgers Law School over the reading of the “n-word” from a state supreme court opinion. Putting aside the clearly poor drafting of such a standard, it would apply to any group receiving as little as $250. It is one thing to mandate anti-discrimination rules in the conduct of groups.

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The Crime Report

AUGUST 11, 2022

justice system and reduce mass incarceration, argues a Washington and Lee University law professor. Expansion of the jury trial right would constitute a meaningful structural reform in democratizing criminal justice, at a time when such change is needed to establish the popular legitimacy of the criminal justice system,” writes J.D.

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SCOTUSBlog

DECEMBER 31, 2022

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. In 1973, Beckwith was a recent graduate of law school and was working as a political reporter for TIME magazine. Read past years’ remembrances: 2021 , 2020.

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JonathanTurley

MARCH 19, 2024

The rejection of the challenge to the injunction suggests that the appellate court is equally unimpressed by the legal and historical arguments put forward by the state. Grisham’s original plan was designed for maximum political impact, but little chance of legal success. However, their legal losses met with political success.

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JonathanTurley

DECEMBER 19, 2021

Below is my column in the Hill on New York’s latest gun control measure — and the latest challenge to a New York law. The reason is that these legislative measure are propelled by political rather than legal judgment. The gun nuisance law is the latest in a long line of mistakes by New York.

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JonathanTurley

MAY 16, 2022

Nothing in the Supreme Court’s leaked draft opinion in Dobbs v. To the contrary, the draft expressly states that “Nothing in this opinion should be understood to cast doubt on precedents that do not concern abortion.” The problem is that the claims are detached from both legal and political realities. Contraception.

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JonathanTurley

JANUARY 3, 2022

After Dobbs was accepted, advocates sought to enjoin a Texas law that banned abortion after just six weeks. The court ruled 5-4 to allow the Texas law to be enforced. The court — as expected — allowed the appeal to go forward for some of the litigants in the lower court but again refused to enjoin the law.

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Conflict of Laws

FEBRUARY 2, 2024

In 2023, Elgar published the book entitled “ Research Handbook on International Abortion Law ”, ed. This book does not deal with the conflict of laws that may arise under this topic. For a more detailed discussion, please refer to the post Singer on Conflict of Abortion Laws (in the U.S.) For more information, click here.

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SCOTUSBlog

APRIL 13, 2022

He is also a graduate of Columbia Law School. In Harlan’s case, the story arc that first attracted me was the notion of posthumous vindication – how a man who went so far out on a limb in his time could land so comfortably in the mainstream of legal thought. I corresponded with Canellos about his book. The back story.

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JonathanTurley

JUNE 26, 2022

When Dobbs was accepts, I wrote that for thirty years as a television and print legal analyst I have annually downplayed claims of commentators that a given case before the Court was a true threat to Roe. The issue of abortion will now return to the states where abortion is expected to remain legal for most women in the country.

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JonathanTurley

AUGUST 8, 2023

When the Framers drafted the First Amendment, they did so in absolutist terms to allow no abridgment of the freedom of expression. Recently, a federal judge correctly ruled that a new Illinois law targeting pro-life centers is “painfully and blatantly a violation of the First Amendment.” legal” but noble. JB Pritzker.

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JonathanTurley

MAY 8, 2022

Senate Minority Leader Mitch McConnell told USA Today this week that it is “possible” that Congress could pass a national ban on abortion if the leaked draft opinion overturning Roe v. He was stating that it would be legally possible if Roe is overturned. Wade is finalized. In 1997, in Printz v. In Independent Business v.

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JonathanTurley

MAY 4, 2022

The response to the leaked draft opinion overturning Roe v. The draft opinion written by Justice Alito declares “We hold that Roe and Casey must be overruled. It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”. I accept the law of the land, senator, yes.”

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JonathanTurley

JUNE 24, 2022

Yesterday’s hearing exposed Clark’s efforts to challenge the election, including a letter that was wildly inappropriate that he drafted for the top Justice officials to sign. As shown below, “just do it” is far better in selling running shoes than winning legal cases. Here is the column: “SECVNDINVS CACOR.”

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JonathanTurley

MAY 10, 2022

It is premised on a deeply flawed historical and legal view of a provision under the Fourteenth Amendment. Justice Edwin Reade of the North Carolina Supreme Court later explained , “[t]he idea [was] that one who had taken an oath to support the Constitution and violated it, ought to be excluded from taking it again.”

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JonathanTurley

JULY 9, 2022

Greg Abbott signed an order allowing Texas law enforcement to return illegal immigrants apprehended in the state back to the U.S. Whether such state enforcement is constitutional will be hashed out in the courts in light of the 2012 decision in Arizona v. The legal difference is obvious. This week, Texas Gov.

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JonathanTurley

MAY 26, 2022

Below is my column in USA Today on the strikingly absolutist language being used by Democratic leaders in defining the right to abortion after the Supreme Court’s leaked draft opinion in Dobbs v. Addressing the scope of this right is key to defining and supporting this right in constitutional law. Senate in Ohio.

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JonathanTurley

AUGUST 15, 2023

Coffee County was also discussed as an example of voting irregularities to justify a proposed draft executive order to seize voting machines. 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

FEBRUARY 8, 2021

If there is a single line that sums up the sense of legal impunity in the second Trump impeachment, it is that line from a letter sent by law professors to deny any basis for the former president to challenge his impeachment on free speech grounds. Constitutional rights and values are always relevant to an impeachment.

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JonathanTurley

DECEMBER 8, 2020

Trump was about to sign his travel ban and had sent the draft to the Justice Department’s Office of Legal Counsel, an office ordinarily given considerable deference on the legality of policies and orders. The career staff at the OLC had found that the order was legal and within Trump’s authority. The legend was made.

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JonathanTurley

SEPTEMBER 14, 2023

In a letter drafted by the White House Counsel’s office , according to a CNN report media executives were told they need to “ramp up their scrutiny” of House Republicans “for opening an impeachment inquiry based on lies.” It is a dangerous erosion of separation between the White House and the president’s personal legal team.

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JonathanTurley

FEBRUARY 8, 2024

Justice Edwin Reade of the North Carolina Supreme Court later explained , “[t]he idea [was] that one who had taken an oath to support the Constitution and violated it, ought to be excluded from taking it again.” However, it has not been treated legally as an insurrection.

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JonathanTurley

JUNE 21, 2021

What is notable is that such losses in the early days of the Trump Administration led to coverage declaring a war on the “rule of law” and even indications of authoritarianism. Yet, many previously outspoken legal experts have either blamed conservative judges or simply ignored the losses all together.

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JonathanTurley

JANUARY 6, 2022

Elias has founded a self-described “pro-democracy” group that challenges Republican voting laws and pledges that will “ shape our elections and democratic institutions for years to come.”. I publicly condemned President Trump ’s speech that day while it was being given — and I denounced the riot as a “ constitutional desecration.”

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