Above The Law

JULY 8, 2022

If You Can't Stand The Heat, Get Out Through The Kitchen : Morton's Steakhouse helped Brett Kavanaugh run away through the back door when protesters arrived at a restaurant and then offered its own hilariously bad take on constitutional law. — See Also appeared first on Above the Law. The judge was.

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JonathanTurley

MARCH 9, 2021

If Georgia Gwinnett College wanted to foster greater unity in its use of “free speech zones,” it succeeded in prompting a near unanimous Supreme Court in ruling against it in favor of free speech this week. Georgia Gwinnett College seemed to grasp for any claim to keep the students from speaking.

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JonathanTurley

JULY 5, 2021

From the prosecution of Bill Cosby to a federal lawsuit against Georgia, courts are dealing with cases where government lawyers repeat the same implausible claims with the same unconvincing results. DA Steele is unapologetic and insists he was trying to show that “no one is above the law — including those who are rich, famous and powerful.”

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The Crime Report

MARCH 18, 2022

A handful of high-profile cases has sparked a larger public debate about the impact of self-defense laws. According to law professors Guha Krishnamurthi of the University of Oklahoma College of law and Peter Salib of the University of Houston Law Center, this public concern is warranted. Vigilante Justice Firearm Laws.

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SCOTUSBlog

APRIL 22, 2022

In the past 20 years, the court has announced substantive constitutional law, pleading requirements, and timeliness rules that make it harder to win such arguments. 1983 , the iconic civil rights statute permitting plaintiffs (including prisoners) to sue state officers for infringing constitutional rights.

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JonathanTurley

JANUARY 14, 2021

Marjorie Taylor Greene is a newly elected Republican member from Georgia who pledged yesterday that “On January 21, 2021, I’ll be filing Articles of Impeachment against Joe Biden for abuse of power.”

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SCOTUSBlog

SEPTEMBER 14, 2021

Share Tired of reading jargon-filled law review articles with hundreds of footnotes? The perfect antidote is Painting Constitutional Law: Xavier Cortada’s Images of Constitutional Rights , edited by Professors M.C. Cortada’s painting reminds us that Gideon’s petition started a constitutional debate that is still ongoing.

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Constitutional Law Reporter

MARCH 1, 2021

Georgia : The long-standing dispute between Florida and Georgia involves the rights to the water in the Apalachicola-Chattahoochee-Flint River Basin. The post Supreme Court Considers “Hot Pursuit” in Closely Watched Fourth Amendment Case appeared first on Constitutional Law Reporter. Below is a brief summary: Florida v.

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JonathanTurley

OCTOBER 8, 2022

We recently discussed a federal court upholding the Georgia election law as constitutional, rejecting challenges based on voter suppression by a group associated with Democratic Georgia gubernatorial candidate Stacey Abrams. However, Article V, Section 4A of the Delaware Constitution is explicit on those categories.

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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. 50-5-85(b). ” O.C.G.A.

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JonathanTurley

APRIL 28, 2023

Yesterday, the United States Court of Appeals for the Eleventh Circuit upheld critical provisions in Florida election law reforms, including provisions that Democratic politicians and pundits spent years misrepresenting as “a return to Jim Crow.” The voting reforms were signed into law in 2021 by Republican Governor Ron DeSantis.

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JonathanTurley

JANUARY 11, 2023

That appears to be the case of Emory law professor, Darren Hutchinson , who has claimed that the late Supreme Court Justice Antonin Scalia was “basically a Klansman.” Hutchinson recounted on Twitter how he taught a difficult lesson at Emory Law School on how “Justice Scalia was basically a Klansman.”

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Constitutional Law Reporter

MAY 17, 2022

Ward : The case challenges Georgia’s sole statutorily authorized method of execution, lethal injection. 1983 bringing an as-applied challenge to Georgia’s sole statutorily authorized method of execution, lethal injection. In Bucklew v. Precythe , 139 S. ” Petitioner filed suit under 42 U.S.C.

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JonathanTurley

SEPTEMBER 8, 2023

Now even law deans have called Supreme Court justices “hacks” to the delight of their followers. Tribe often shows little patience for the niceties of constitutional law or tradition. Even Democratic laws that were treated as laughable were found lawful by Tribe.

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Constitutional Law Reporter

JUNE 29, 2021

Former Georgia police sergeant Nathan Van Buren used his patrol-car computer to access a law enforcement database to retrieve information about a particular license plate number in exchange for money. The post SCOTUS Adopts Narrow Interpretation of Computer Fraud Act appeared first on Constitutional Law Reporter.

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JonathanTurley

JANUARY 11, 2022

The Democrats would force through a sweeping federalization of state election laws for the first time in our history. It would federally preempt the laws in dozens of states and declare that Congress, not state legislatures, will now dictate how people vote in states like Georgia.

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Constitutional Law Reporter

FEBRUARY 27, 2023

She subsequently reported Counterman to law enforcement. Law enforcement arrested Counterman on May 12, 2016, and charged him one count of stalking (credible threat), section 18-3-602(1)(b) ; one count of stalking (serious emotional distress), section 18-3-602(1)(c) ; and one count of harassment, section 18-9-111(1)(e), C.R.S.

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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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JonathanTurley

AUGUST 16, 2023

For example, the indictment relies on calls like the controversial one Trump had with Georgia officials —a call long cited as indisputable evidence of an effort at voting fraud. special counsel Smith is essentially trying to create new law, or at least stretch existing case law to the point of breaking down. Second, in D.C.,

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Constitutional Law Reporter

APRIL 1, 2021

The suit was brough by former students at Georgia Gwinnett College who wished to exercise their religion by sharing their faith on campus while enrolled there. The post SCOTUS Rules Students Have Standing to Bring Free Speech Suit appeared first on Constitutional Law Reporter. Facts of the Case.

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JonathanTurley

APRIL 3, 2023

Below is my column on how the upcoming election could play out with three different criminal cases in New York, Georgia, and Washington, D.C. It is another disheartening example of intentional leaks in violation of federal law and DOJ policies. To the contrary, it is the ultimate affirmation that no one is above the law.

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JonathanTurley

DECEMBER 21, 2020

Brandon Hasbrouck is an assistant professor at Washington and Lee University School of Law, has written an article in The Nation calling for a new form of reparations based on voting. the outcomes in Georgia, Michigan, Wisconsin, and Pennsylvania were worryingly close.”. ” McCulloch v.

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JonathanTurley

AUGUST 18, 2023

It’s not hard to see the implications: Many of the over 160 individual acts described in the Georgia indictment are political speech ranging from actual speeches to tweets to telephone calls. Stacey Abrams in Georgia refused to concede the election and alleged widespread voter suppression and election irregularities.

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Constitutional Law Reporter

SEPTEMBER 22, 2021

Realtor associations and rental property managers in Alabama and Georgia sued to enjoin the CDC’s moratorium. Nonetheless, the court concluded that its hands were tied by the law of the case, in light of the D.C. The post US Supreme Court Strikes Down Federal Eviction Ban appeared first on Constitutional Law Reporter.

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JonathanTurley

JULY 20, 2023

This would be the third criminal indictment of Trump and there may still be a fourth coming in Georgia. That speech is entirely protected under the First Amendment and governing case law, including Brandenburg v. The use of the federal law for that purpose was not and is not a crime. 6 speech for criminal charges.

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Constitutional Law Reporter

JUNE 9, 2022

1255 , which would have made Patel and his wife lawful permanent residents. The Eleventh Circuit held that it lacked jurisdiction to consider his claim, citing that Federal law prohibits judicial review of “any judgment regarding the granting of relief” under §1255. The Board of Immigration Appeals dismissed Patel’s appeal.

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Constitutional Law Reporter

JANUARY 3, 2022

Patel checked a box on a Georgia driver’s license application erroneously identifying himself as a U.S. citizen for a benefit under state law. citizen for a benefit under state law. The post SCOTUS Ends December Sitting With Potential First Amendment Blockbuster appeared first on Constitutional Law Reporter.

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Paralegal Bootcamp

NOVEMBER 18, 2022

I remember spending weeks up in north Georgia in a warehouse with traffic lights so that the semis didn’t run you over if you were crossing INSIDE the warehouse. And I learned a lot about an area of law that I had never been exposed to, and never would have been exposed to, without that pro bono opportunity. Every few weeks.

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JonathanTurley

AUGUST 7, 2023

In the wake of the second indictment of Donald Trump, many law professors have offered good-faith rationales for why the four counts do not violate the First Amendment. When the indictment was filed, I felt it was strong on the evidence and the law. There were two calls on the Georgia electoral challenge. section 241.

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JonathanTurley

NOVEMBER 8, 2022

Democratic Senate candidate John Fetterman and other Democrats have filed a federal lawsuit to strike down parts of Pennsylvania’s election law after the state Supreme Court ruled that mail-in ballots with incorrect dates or no dates should not be counted.Fetterman is challenging the state law on constitutional and federal statutes.

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JonathanTurley

JULY 4, 2022

Madison in 1803, when the court ruled that it must be the final arbiter of what the law means. Until Marbury, there was an argument that Congress, not the court, could be the final arbiter of what the law says. That may have been the assumption of many, given our prior English system which allowed Parliament to interpret laws.

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JonathanTurley

SEPTEMBER 17, 2023

However, there are laws on the books allowing for the prosecution of such cases. He was running on that issue even before the four separate criminal cases were filed against him in Florida, Georgia, New York, and Washington, D.C. There may be a judicial argument for gagging Trump, but it raises serious constitutional concerns.

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JonathanTurley

JUNE 30, 2023

It is a continuation of his prior declarations that members of Congress opposing his election reforms to block state laws are voting with “ Jefferson Davis ” and the Confederacy. The claim was again historically and legally ridiculous even if one opposed these state laws.

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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

JUNE 17, 2023

However, the odds of Trump going to prison could depend more on the court of public opinion than on the court of law. None of the presidential candidates could pardon Trump for state charges in New York or, potentially, in Georgia.) Trump has pledged a comprehensive legal attack on his federal indictment.

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JonathanTurley

MAY 25, 2023

He also faces other possible legal action, of course, including potential state charges in Georgia for election law violations.) 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

AUGUST 7, 2023

In order to secure convictions for this, Special Counsel Jack Smith would need to bulldoze through not just the First Amendment but also existing case law holding that even false statements are protected. So even assuming that Smith can prove Trump lied, there would still be constitutional barriers to criminalizing his false statements.

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