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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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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SCOTUSBlog

JUNE 27, 2022

Bruen invokes the authority of history but presents a version of the past that is little more than an ideological fantasy, much of it invented by gun-rights advocates and their libertarian allies in the legal academy with the express purpose of bolstering litigation such as Bruen. Bruen does mark a new low for the court. June, 2022).

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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

OCTOBER 11, 2022

Dobbs was based on the view that the Constitution does not contain a right to abortion, not that such a right is barred under the religious clauses. The law is not a model of legislative drafting. I do not share the view that the law, despite its poor drafting, makes “IVF … legally dangerous if not impossible.”

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JonathanTurley

MAY 14, 2022

After denouncing the recent leak of the draft opinion that would overturn Roe v. Federal courts may (but need not) adhere to an incorrect decision as precedent, but only when traditional tools of legal interpretation show that the earlier decision adopted a textually permissible interpretation of the law.

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JonathanTurley

SEPTEMBER 29, 2022

However, one line in the email is particularly concerning: “Academic freedom is not a defense to violation of law, and faculty or others in charge of classroom topics and discussion must themselves remain neutral on the topic and cannot conduct or engage in discussions in violation of these prohibitions without risking prosecution.”

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Conflict of Laws

MARCH 30, 2023

And as a matter of fact, the Constitutional Court decision itself is already almost two months old; it was rendered on February 1. This and the fact that the decision cites almost no sources published after 2019 except for new editions of commentaries, suggests that it may have existed as a draft for much longer.

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LexForti

OCTOBER 4, 2021

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. Court was of the view that the High Court’s act of re-drafting Rule 29(4) was unwarranted, particularly at the interlocutory stage. Final Finding.

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LexForti

JUNE 2, 2021

Furthermore, the postulated provisions of Articles 14, 19 and 21 of the Indian Constitution must be essentially read in synchronization wherein a conglomerated reading of the same will give effect to the spirit of not just the makers of the Indian Constitution, but also the extraordinary legal document, known as the Constitution of India.

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JonathanTurley

NOVEMBER 30, 2021

The column makes highly dubious claims over the legality of early stage abortions and the likely understanding of the Framers of such a right. The suggestion is that, at least as to early abortions, the Framers and early legal commentators may have been technically pro-choice. But at present it is…[only] a very heinous misdemeanour.”.

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Constitutional Law Reporter

AUGUST 2, 2023

With regard to the legality of the loan forgiveness plan, the Court found that it was not authorized under the HEROES Act. What the Secretary has actually done is draft a new section of the Education Act from scratch by ‘waiving’ provisions root and branch and then filling the empty space with radically new text.”

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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. That is why, if the law is crafted as Newsom suggests, this won’t work legally.

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The Crime Report

AUGUST 11, 2022

“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. King in a paper published in the University of Pennsylvania Journal of Constitutional Law.

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SCOTUSBlog

DECEMBER 31, 2022

This spring, after POLITICO published a draft opinion of Dobbs and revealed that the court was poised to overturn Roe , Beckwith praised the leak. In 1948, Cecilia “Cissy” Suyat took a job as a legal secretary at the NAACP in New York City. Cissy had assisted with the case by transcribing the legal briefs. Board of Education.

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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

MAY 28, 2021

Putting aside the clearly poor drafting of such a standard, it would apply to any group receiving as little as $250. So, as one of the listed groups at the law school, if the Rutgers Law School Softball Club asked for money for pizza after a game, it would have to hold an event on Critical Race Theory or other mandates topics.

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JonathanTurley

DECEMBER 19, 2021

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. Not only is the law likely to be a large miss, it will likely deliver another blow to gun control efforts by adding precedent protecting Second Amendment rights.

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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

In the latest badly drafted gun law to go before the court, New York has forced a challenge that could result in a major ruling reinforcing individual rights under the Second Amendment. If Dobbs is a frightening thought for abortion advocates, New York State Rifle and Pistol Association Inc.

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SCOTUSBlog

APRIL 13, 2022

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. Much of Holmes’ reputation rests on his role in First Amendment law, for instance, an area where Harlan’s legacy is negligible.

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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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Conflict of Laws

FEBRUARY 2, 2024

It highlights the limited legalization of abortion in Sweden in 1938 and the revised abortion law in 1946 introducing a “socialmedical” indication. The authors -fortunately- dared to say that this chapter is drafted from a feminist perspective as opposed to the current “male norm” in legal doctrinal scholarship.

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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. Pritzker, however, insists that the law is not just “constitutional. legal” but noble. The language was unprecedented and unqualified. are unaware of what their full rights are.”

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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.

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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.”. Wade has unleashed a torrent of outrage on the left.

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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.” cv-22-0099.

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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

JULY 9, 2022

In debating the Constitution after its drafting in 1787, states were assured that ceding authority to a federal government would not only preserve their rights under a federalism system but would guarantee that they would be protected from invasion. The legal difference is obvious.

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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.

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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

JANUARY 6, 2022

Justin 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

Yet, many previously outspoken legal experts have either blamed conservative judges or simply ignored the losses all together. These rulings against the Biden administration came in the same areas covered extensively by the media during the Trump administration, including findings of constitutional violations and discriminatory practices.

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