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. Individuals are sometimes removed from the No Fly List during ongoing litigation about their placement on that list. Campos-Chaves v. Please check back for updates.

Immigration 52

Immigration Government Court Manufacturing 52

JonathanTurley

APRIL 7, 2024

Moreover, we now have a judge who feels the same license to make such criticisms in the media despite the ongoing litigation of these matters. That alleged transgression, however, pales in comparison to a failure to protect the rights of this defendant from the abusive or unsupported surveillance of the government.

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Government Court Litigation Litigating 77

SCOTUSBlog

APRIL 22, 2022

It particularly disfavors Eighth Amendment litigation attacking familiar lethal injection protocols as “cruel and unusual” punishment. 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.

Litigation 96

Litigation Litigating Statute Constitutional Law 96

Constitutional Law Reporter

MARCH 5, 2024

The States have asked the justices to stay implementation while litigation continues in the lower courts. sued the Board of Governors of the Federal Reserve System under the Administrative Procedure Act (APA), challenging a Board rule adopted in 2011 that governs certain fees for debit-card transactions.

Court 52

Court Statute Constitutional Law Contract 52

JonathanTurley

APRIL 14, 2022

Depp and Heard were married for just over a year but have already spent three times than that in litigation. Depp earlier tried to sued a newspaper in England where the libel laws are far more favorable to those claiming defamation. Malice is one thing that this briefly married couple seems to have an abundance of.

Litigation 35

Litigation Litigating Legal Legal 35

JonathanTurley

JANUARY 14, 2024

.” Judge Mizelle noted that the law stands in conflict with the Bruen decision. Indeed, the government acknowledged that relatively limited firearms prohibitions did not appear “until the mid-twentieth century—over 170 years after the founding.” 18 U.S.C. § That is all. No citation, no authority, no reasoning.”

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Statute Government Court Court Rules 49

Constitutional Law Reporter

FEBRUARY 16, 2023

Arellano appealed, arguing that his award’s effective date should be governed by an exception in §5110(b)(1), which makes “[t]he effective date of an award of disability compensation. The post SCOTUS Issues First Opinion of the Term appeared first on Constitutional Law Reporter. It also noted that pursuant to Irwin v.

Statute 52

Statute Diligence Court Constitutional Law 52

Constitutional Law Reporter

MARCH 21, 2022

Court of Appeals for the 6th Circuit erred in denying the Kentucky attorney general’s motion to intervene on the commonwealth’s behalf in litigation concerning Kentucky House Bill 454, the state’s controversial abortion law. Although the litigation by that time had proceeded for years, that factor is not dispositive.

Laws 52

Laws Attorney Litigation Litigating 52

Constitutional Law Reporter

APRIL 26, 2021

Cuomo , 592 U.S. , – (2020), the Court stated that government regulations are not neutral and generally applicable, and therefore trigger strict scrutiny under the Free Exercise Clause, whenever they treat any comparable secular activity more favorably than religious exercise. The Court made four points in support of its decision.

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Court Government Litigation Litigating 59

Constitutional Law Reporter

DECEMBER 14, 2022

Two of the cases involve whether litigants must wait for administrative proceedings to conclude before challenging the authority of federal agencies in federal court. The post Justices Consider Making It Easier to Challenge Regulatory Power of Federal Agencies appeared first on Constitutional Law Reporter.

Administrative Law 52

Administrative Law Constitutional Law Statute Court 52

Constitutional Law Reporter

FEBRUARY 23, 2021

The heirs allege that when the Nazi government rose to power, it unlawfully coerced the consortium into selling the collection to Prussia for a third of its value. 108, 115 (2013), Roberts emphasized that the Court has long recognized that “United States law governs domestically but does not rule the world.”

Court Rules 89

Court Rules Court Government Laws 89

Constitutional Law Reporter

JULY 12, 2023

The States lack Article III standing because this Court’s precedents and the ‘historical experience’ preclude the States’ ‘attempt to litigate this dispute at this time and in this form.’” In their opinion, Congress specifically prohibited courts from issuing injunctions related to certain immigration laws.

Immigration 52

Immigration Court Rules Court Entertainment 52

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. Nor is he alone in pursuing a case driven more by political than legal considerations. The Weisselberg indictment.

Litigation 40

Litigation Litigating Legal Legal 40

SCOTUSBlog

DECEMBER 8, 2021

As Laurence Tribe, a constitutional law scholar and a member of the 34-member commission, noted before the vote, the reforms with the most support are those that are logistically most difficult to carry out, and those with the most straightforward constitutional path to implementation were the least popular among the commissioners.

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Court Constitutional Law Litigation Litigating 102

Constitutional Law Reporter

MARCH 10, 2022

In 1987, following years of negotiation and drafting, the Ysleta del Sur Pueblo and Alabama-Coushatta Tribe of Texas secured restoration of their trust relationships with the federal government through the Ysleta del Sur Pueblo and Alabama-Coushatta Indian Tribes of Texas Restoration Act (Restoration Act). New York , No. 20- 449 (U.S.

Immigration 52

Immigration Constitutional Law Drafting Court 52

SCOTUSBlog

APRIL 15, 2022

Share Under established constitutional law, states may generally not tax or regulate property or operations of the federal government. A 1936 federal law waives federal immunity from state workers’ compensation laws on federal land and projects. The Washington law, known as H.B. Washington. United States v.

Contract 84

Contract Government Statute Construction 84

JonathanTurley

OCTOBER 31, 2021

Three University of Florida political science professors have told a federal court that the university barred them from assisting plaintiffs in a challenge to the state’s new voting laws. As state employees, they were told that litigating against a state law would be “adverse to U.F.’s ’s interests.”

Litigation 35

Litigation Litigating Government Laws 35

JonathanTurley

SEPTEMBER 17, 2022

In litigation the rule is the same as in hunting: “aim small, miss small.” The first such move in this litigation by the Justice Department. That is a change from the prior litigation. Then the government produced a redacted version that caused no such harms while confirming important facts in the case.

Government 35

Government Litigation Litigating Court 35

JonathanTurley

AUGUST 2, 2021

There is a high likelihood of a new round of litigation as pressure builds for new mandates and even lockdowns. ” Later she reversed herself by saying “I was referring to mandates by private institutions and portions of the federal government. Government officials then shifted from reasoned to induced or compensated consent.

Government 54

Government Litigation Litigating Legal 54

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

JUNE 29, 2022

Esther Sanchez-Gomez is the senior litigation attorney with Giffords Law Center. Early in the opinion he tells us that public health research showing the efficacy of a certain law at reducing gun deaths, which could previously be used to defend gun regulations passed to protect public safety, was the government merely “posit[ing].”

Government 73

Government Court Laws Constitutional Law 73

JonathanTurley

AUGUST 31, 2022

Critically, however, the former President’s counsel explicitly prohibited government personnel from opening or looking inside any of the boxes that remained in the storage room, giving no opportunity for the government to confirm that no documents with classification markings remained.” However, that is the point.

Government 49

Government Court Attorney Litigation 49

JonathanTurley

MAY 22, 2023

President Biden has previously taken actions that he admitted were unlikely to “pass constitutional muster” but believed “at a minimum, by the time it gets litigated , it will probably give some additional time while we’re getting [billions] out to people.” It was the ultimate control over government. And that may not matter.

Constitutional Law 49

Constitutional Law Government Laws Immigration 49

SCOTUSBlog

NOVEMBER 2, 2022

United States that Section 922(g) requires the government to prove that the defendant knew he was prohibited from possessing a firearm. Feigin explained that the government’s current reading comports best with the statute and with the Supreme Court’s precedents. . § 922(g) and sentenced to more than 27 years’ incarceration.

Statute 82

Statute Government Court Felony 82

JonathanTurley

MARCH 19, 2024

The New Mexico litigation follows a pattern of blue states creating bad precedent in ill-considered cases. City of Chicago , in which the Court declared that that right is incorporated against state and local government. Grisham’s original plan was designed for maximum political impact, but little chance of legal success.

Education 44

Education Entertainment Court Sports 44

JonathanTurley

AUGUST 14, 2021

government and the media after D.C. Yet, there is no outcry in the media or from the left against Bowser and her government. In the prior litigation, the city waited for a year to reveal the truth that it used tear gas near the park. We previously discussed the hypocrisy of the D.C.

Freelance 51

Freelance Government Attorney Litigation 51

JonathanTurley

JUNE 9, 2022

Despite the pledge to return to a respect for the “rule of law,” Biden openly suggested that they could use the litigation to get as much money out the door as possible before being barred by the courts. Nothing could be more damaging to the litigation and the federal courts quickly rejected the CDC and Tribe arguments.

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Court Litigation Litigating Court Rules 45

SCOTUSBlog

DECEMBER 6, 2022

Another concern was that the court might as a matter of constitutional law lack power to consider the case – because federal courts under the Constitution generally hold themselves powerless to consider cases where it is clear they can issue no effective relief. Her explanation prompted Gorsuch to admit: “That’s helpful.”.

Court 71

Court Statute Litigation Litigating 71

SCOTUSBlog

MARCH 7, 2022

Constitution. Alito described the independent-state-legislature theory as “an exceptionally important and recurring question of constitutional law,” and he suggested that the justices “will have to resolve this question sooner or later, and the sooner we do so, the better.”

Calendaring 143

Calendaring Court Litigation Litigating 143

Constitutional Law Reporter

MAY 3, 2022

The Court first rejected the prison officials’ threshold contention that Ramirez couldn’t succeed on his claims because he failed to exhaust all available remedies before filing suit as mandated by the Prison Litigation Reform Act of 1995. According to the Court, Ramirez properly exhausted his administrative remedies.

Court 59

Court Constitutional Law Government Litigation 59

JonathanTurley

SEPTEMBER 13, 2021

President Joe Biden has long pledged to “build back better” but in the last few months it has become clear that his transformative plans go beyond mere infrastructure and extend to our very structure of government. From abortions to elections to rents, Biden is seeking to federalize huge areas to displace state law.

Government 47

Government Court Laws Legal 47

Constitutional Law Reporter

APRIL 8, 2021

Exemption 5 incorporates the privileges available to Government agencies in civil litigation, such as the deliberative process privilege, attorney-client privilege, and attorney work-product privilege. The post SCOTUS Rules FOIA Exception Applies to Environmental Opinion appeared first on Constitutional Law Reporter.

Drafting 52

Drafting Court Constitutional Law Attorney 52

LexForti

JUNE 4, 2021

The sheer origin of Jurisdiction can be claimed to draw its essence from Public International Law, Constitutional law, the conflict of laws and the powers stipulated in the legislative and executive branches of the government to allocate resources in order to adequately serve the needs of the society.

Cause of Action 52

Cause of Action Court Entertainment Laws 52

JonathanTurley

MAY 11, 2024

Elias has been sanctioned in past litigation. He filed in support of an abusive gerrymandering of the election districts that a court found violated not only violated Maryland law but the state constitution’s equal protection, free speech and free elections clauses.

Law Firm 75

Law Firm Law Firms Laws Statute 75

JonathanTurley

SEPTEMBER 23, 2021

Former President Donald Trump is threatening litigation over the decision of President Joe Biden not to invoke executive privilege over the release of Trump records to a special committee of Congress looking into the Jan. I previously wrote about these disputes in a law review article with Cornell. 6th riot in Congress.

Litigation 35

Litigation Litigating Laws Court 35

JonathanTurley

SEPTEMBER 6, 2021

Most concerning is the litigation of legal claims that most legal experts viewed as unsustainable given recent Supreme Court precedent. As such, “Plaintiffs are excluded from the program based on their race and are thus experiencing discrimination at the hands of their government.”. They lost as many of us predicted.

Litigation 48

Litigation Litigating Legal Legal 48

JonathanTurley

OCTOBER 23, 2022

3:22-cv-1213 in the District Court for the Western District of Louisiana alleges that Facebook and Twitter coordinated their censorship programs with government officials. The distinction was always a dishonest effort to evade the implications of speech controls, whether implemented by the government or corporations. Biden , No.

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Government Litigation Litigating Constitutional Law 38