Constitutional Law Reporter

JULY 12, 2023

Supreme Court ruled that Texas and Louisiana lacked standing to challenge a Biden Administration immigration enforcement policy. In their opinion, Congress specifically prohibited courts from issuing injunctions related to certain immigration laws. 1226(c) ) or entry of a final order of removal ( 8 U.S.C. 1231(a)(2) ).

Immigration 52

Immigration Court Rules Court Entertainment 52

JonathanTurley

JANUARY 6, 2023

It holds regular open meetings to “assess the needs of the community,” “evaluate and prioritize projects,” “obtain citizen input,” and “provide specific recommendations” to the City Council…After being appointed to the CPAB, Lathus was photographed at an immigrants’ rights rally standing near individuals whom Carr believed to be “Antifa.”

Immigration 43

Immigration Court Constitutional Law Government 43

JonathanTurley

MARCH 28, 2024

Many of us had predicted this result given the prior precedent of the Supreme Court on the federal preemption of state immigration laws. ” I also previously discussed how this interpretation would fail due to the text, intent, and history of the underlying constitutional provision. United States , 567 U.S.

Immigration 51

Immigration Government Laws Court 51

Constitutional Law Reporter

JANUARY 25, 2024

Fikre: The case revolves around the “No Fly List” established by the federal government in the wake of the September 11 attacks. Garland: The immigration case centers on the Immigration and Nationality Act, which provides that a noncitizen who does not appear at a removal hearing shall be ordered removed in absentia.

Immigration 52

Immigration Government Court Manufacturing 52

Constitutional Law Reporter

DECEMBER 19, 2022

Andrew Cuomo’s reelection campaign, the Second Circuit Court of Appeals held that if a private person exercises enough de facto influence over government decision-making or that state officials sufficiently rely on him, the person can be convicted of bribery even if he had no official title, no official power, and no official duties.

Court 52

Court Laws Statute Immigration 52

Conflict of Laws

MARCH 30, 2023

Its consequences were among the main reasons for near-unanimity in the German conflict-of-laws field in opposition to the legal reform. And surveys have shown that enforcement of the laws has been spotty in Germany and elsewhere.

Constitutional Law 52

Constitutional Law Laws Court Divorce 52

Constitutional Law Reporter

JANUARY 31, 2022

Gonzalez : The latest immigration case before the justices involves when individuals subject to removal are entitled to an individualized bond hearing. Arteaga-Martinez : The Court’s second immigration of the week also involves when bond hearings are required. The Court will decide: “Whether an alien who is detained under 8 U.S.C.

Immigration 52

Immigration Statute Tort Healthcare 52

Constitutional Law Reporter

MAY 17, 2022

The justices heard arguments in six cases, which addressed issues ranging from methods of execution for death-row inmates to whether a high school football coach should be able to pray at midfield to the federal government’s controversial “remain in Mexico” immigration policy.

Immigration 52

Immigration Court Constitutional Law Legal 52

JonathanTurley

DECEMBER 27, 2022

Title 42 allowed the federal government to deny entry to certain aliens to prevent the spread of a contagion (COVID-19). This stay precludes giving effect to the District Court order setting aside and vacating the Title 42 policy; the stay itself does not prevent the federal government from taking any action with respect to that policy.

Court 38

Court Immigration Government Calendaring 38

Constitutional Law Reporter

JUNE 9, 2022

Supreme Court held that federal courts lack jurisdiction to review facts found as part of any judgment relating to the granting of discretionary relief in immigration proceedings enumerated under 8 U.S.C. 1255 , which would have made Patel and his wife lawful permanent residents. 1252(a)(2). Facts of the Case.

Immigration 52

Immigration Court Statute Government 52

JonathanTurley

OCTOBER 6, 2022

Circuit Judges James Ho and Kurt Engelhardt), Chief Judge Priscilla Richman found that President Obama did indeed circumvent Congress and evaded the limits imposed in the Immigration and Nationality Act (INA) when it enacted DACA in 2012. The court declared: “Under the first factor, DACA’s deficiencies are severe.

Court Rules 44

Court Rules Court Immigration Government 44

Constitutional Law Reporter

JANUARY 19, 2023

Arizona and 18 other States moved to intervene to challenge the district court’s ruling, arguing that the federal government would not defend the Title 42 orders as vigorously as they might. The post SCOTUS Leaves Title 42 in Place Temporarily appeared first on Constitutional Law Reporter.

Court Decisions 59

Court Decisions Court Constitutional Law Government 59

JonathanTurley

FEBRUARY 13, 2023

Notably, California’s law expressly states that this money should not be treated as compensation for federal reparations. That raises the question of whether a resident could receive $5 million from San Francisco, $223,000 from the state, and additional payments from the federal government.

Immigration 45

Immigration Legal Legal Government 45

JonathanTurley

JUNE 9, 2023

The California provision states that kidnapping involves someone who “abducts or takes by force or fraud any person contrary to the law of the place where that act is committed, and brings, sends, or conveys that person within the limits of this state.” state once they are released by the federal government.

Laws 38

Laws Misdemeanor Attorney Felony 38

JonathanTurley

SEPTEMBER 22, 2023

We previously discussed the defunct Disinformation Governance Boar d and its controversial head Nina Jankowicz. support to Ukraine” as well as “irregular immigration.” The public should know the range of subjects and claimed authority of these government programs.

Government 62

Government Immigration Laws Constitutional Law 62

JonathanTurley

JUNE 1, 2021

In the Garland case, the court ruled (again) unanimously to reverse the Ninth Circuit in an opinion written by Justice Neil Gorsuch on the rule in immigration disputes regarding the credibility of noncitizens’ testimony. cannot be reconciled with the terms of the Immigration and Nationality Act.

Court 60

Court Immigration Court Rules Government 60

ClimateChange-ClimateLaw

AUGUST 4, 2021

The Supreme Court called the appellate court’s conclusion that there are always reasonable legal alternatives to disobeying constitutional laws “untenable,” and held that “reasonable legal alternatives” must be effective. Ninth Circuit Affirmed Rejection of NEPA Challenges to Immigration Policies. Trump , No. 4:19-00028 (D.

Court 40

Court Litigation Litigating Government 40

JonathanTurley

JANUARY 27, 2022

Here is the column: Last year, I wrote about the Supreme Court’s “train whistle” docket with cases on abortion, guns, immigration, and other issues barreling down the track. The two new cases could not be better suited for a major reframing of the law governing college admissions. Well, that whistle just got a lot louder.

Court 36

Court Immigration Law School Laws 36

JonathanTurley

SEPTEMBER 10, 2021

White House chief of staff Ronald Klain offered a doozy this week when he admitted that the announced use of the authority of the Occupational Safety and Health Administration (OSHA) for a vaccine mandate was a mere “work around” of the constitutional limit imposed on the federal government. Make no mistake about it.

Litigation 56

Litigation Litigating Immigration Legal 56

SCOTUSBlog

APRIL 13, 2022

He was prescient in recognizing the need for a strong national government to deal with urgent issues, such as civil rights. Yet his record is not unblemished: He distrusted immigrants from China and even voted to deny citizenship to their U.S.-born — Erwin Chemerinsky (June 25, 2021). born children. Last year, Peter S.

Court 112

Court Education Government Legal 112

JonathanTurley

JUNE 11, 2021

Below is my column in The Hill on the recent decisions of Attorney General Merrick Garland to support the prior positions taken by his predecessor, William Barr, on issues ranging from the Lafayette Park protests to immigration to withholding information related to the Mueller investigation.

Legal 57

Legal Legal Attorney Laws 57

JonathanTurley

JULY 3, 2023

The same court that had just ruled overwhelmingly to support Biden’s immigration policies turned around and issued a devastating and detailed opinion as to why no such authority existed in this case. Perhaps, but the Constitution has once again stopped him from becoming a government unto himself.

Education 50

Education Immigration Court Laws 50

JonathanTurley

FEBRUARY 5, 2024

In that case, a 5-3 majority ruled against a state seeking to enforce immigration laws in light of what it described as a vacuum of federal action. Most are promptly released, and many are not even asked to appear for eight years at an immigration proceeding. For the states, desperate times call for desperate measures.

Immigration 59

Immigration Court Government Laws 59

JonathanTurley

JULY 9, 2022

Below is my column in the Hill on the effort to declare an “invasion” along the Texas border to allow the state to take greater control along the border to stem the flow of illegal immigrants. Greg Abbott signed an order allowing Texas law enforcement to return illegal immigrants apprehended in the state back to the U.S.

Immigration 34

Immigration Government Court Laws 34

SCOTUSBlog

NOVEMBER 30, 2021

They ask the court to side with the state to “affirm the constitutional authority of the federal and state governments to safeguard the lives and health of their citizens, born and not yet born.” The Christian Legal Society and Robertson Center for Constitutional Law , Concerned Women for America , and Judicial Watch, Inc.

Stare Decisis 133

Stare Decisis Court Laws Legal 133

JonathanTurley

SEPTEMBER 17, 2021

Not long after the ratification of our Constitution, the great Justice Joseph Story marveled “How easily men satisfy themselves that the Constitution is exactly what they wish it to be.” The Constitution is designed to be a type of waltz with a three rather than six-step pattern in our tripartite system of government.

Court 39

Court Laws Immigration Legal 39

JonathanTurley

DECEMBER 30, 2021

Customs and Border Protection agents who were falsely accused of “whipping” undocumented immigrants on the southern border. “Those people” are federal employees who have a right to due process and a presumption of innocence, including from the man who heads their branch of government. I promise you, those people will pay.”.

Immigration 44

Immigration Legal Legal Constitutional Law 44

JonathanTurley

AUGUST 15, 2021

Some 13,000 undocumented immigrants have been admitted to the country since the ending of the policy. The only question MPP answers is where the alien will be while the federal government pursues removal — in the United States or in Mexico. ” That should sound familiar. That (and standing) could clearly divide judges.

Court 80

Court Immigration Court Rules Litigation 80

JonathanTurley

JUNE 21, 2021

Indeed, the Biden administration has been found to have violated the Constitution in a surprising array of cases in a surprisingly short period of time. Across the country, trial courts have been finding constitutional violations by the Biden administration in areas ranging from immigration to the environment to pandemic relief.

Court 47

Court Immigration Statute Laws 47

JonathanTurley

DECEMBER 8, 2020

She engineered her own firing at the hands of Trump – a virtual canonizing act for the media and many liberals. When Trump was inaugurated, Yates had only a few days left in government. She became acting attorney general in January 2017, following the departure of Attorney General Loretta Lynch.

Attorney 43

Attorney Drafting Legal Legal 43

JonathanTurley

JANUARY 10, 2024

Indeed, even under the Federal Tort Claims Act (FTCA) which holds the government liable for civil damages, there is a discretionary function exception codified under 28 U.S.C. Immigration has long been an area of intense policy disagreements. It is a matter of discretion. 2680(a) for policy-based judgments.

Misdemeanor 40

Misdemeanor Immigration Tort Laws 40

JonathanTurley

AUGUST 27, 2021

It is the same basis that Democrats used to successfully challenge some Trump immigration policy changes. That is an unprecedented promise to effectively indemnify the violation of state law or orders by a president. Likewise, if a teacher is fired, will Biden pay an effective pension in return for defying the Florida law.

Court 48

Court Legal Legal Court Rules 48

JonathanTurley

JANUARY 25, 2021

It will be a fun bit of trivia for constitutional law geeks, but it was also telling. Obama actually used his State of the Union address to declare his intent to circumvent the legislative branch after it refused to pass his legislation in areas such as the environment and immigration.

Immigration 48

Immigration Constitutional Law Tort Sports 48

JonathanTurley

MAY 22, 2023

It is reminiscent of when Democrats applauded wildly when President Barack Obama told them that he was going to circumvent Congress entirely after it refused to approve his immigration and environmental legislation. It was the ultimate control over government. They were applauding their own institutional obsolescence.

Constitutional Law 49

Constitutional Law Government Laws Immigration 49