Constitutional Law Reporter

MAY 10, 2023

The Court’s final week included four cases, with issues ranging from bankruptcy to RICO to government takings. While the Bankruptcy Code abrogates the sovereign immunity of “governmental units,” the statute does not refer to Indian tribes in defining that term (or anywhere else). Please check back for updates.

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Constitutional Law Reporter

MAY 1, 2023

Supreme Court held that the Quiet Title Act’s statute of limitations is a claim-processing rule rather than a bright-line rule that constrains a court’s jurisdiction. The Government claims that the easement includes public access, which petitioners dispute. In Wilkins v. United States , 598 U.S. _ (2023), the U.S.

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Constitutional Law Reporter

MARCH 5, 2024

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. Nealy : The cases is set to resolve a circuit split regarding the statute of limitations in copyright infringement cases.

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Constitutional Law Reporter

FEBRUARY 8, 2024

The Court’s Chevron decision established a bedrock principle of administrative law. Under Chevron , courts must defer to a federal agency’s reasonable interpretation of an ambiguous statute that the agency is charged with administering, even if they are inclined to rule another way. The cases before the Court, Relentless, Inc.

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Constitutional Law Reporter

DECEMBER 4, 2023

Bruen , which held that “[w]hen the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct.” 922(g)(8), a specific statute that does so, is constitutional under the Second Amendment of the United States Constitution. In the light of N.Y.

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Constitutional Law Reporter

APRIL 10, 2024

The justices unanimously held that speech by a government official about job-related topics on social media is attributable to the state only if the official had actual power to speak on the state’s behalf and purported to exercise that authority when he spoke on social media. . _ (2024), the U.S.

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SCOTUSBlog

OCTOBER 28, 2022

The federal government – which prosecuted Jones – says the 8th Circuit got the reasoning wrong but the outcome right: It urges the Supreme Court to correct the lower court’s error but deny Jones relief. In 2019, the court ruled in Rehaif v. He was convicted, and following its own binding precedent, the 8th Circuit affirmed.

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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. Mirow and Howard Wasserman. In a watershed decision in Gideon v.

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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. Department of Veterans Affairs , 498 U.S.

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Constitutional Law Reporter

APRIL 11, 2023

Supreme Court held that uncashed MoneyGram checks are governed by the Disposition of Abandoned Money Orders and Traveler’s Check Act (FDA) and should be returned to the state where they were issued. The post Delaware Loses Bid to Keep Uncashed MoneyGram Checks appeared first on Constitutional Law Reporter. In Delaware v.

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SCOTUSBlog

AUGUST 29, 2023

The overwhelming majority of those books, though, analyze the work of the court interpreting the Constitution. The court’s other task — interpreting federal statutes — remains markedly underrepresented. The court’s securities law docket ballooned during Powell’s tenure – from approximately 1.5

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Constitutional Law Reporter

NOVEMBER 1, 2022

McDonough: The case involves whether the doctrine of equitable tolling applies to a statute governing veteran benefits. 5110(b)(1) for seeking retroactive disability benefits, and, if so, whether the government has rebutted that presumption; and (2) whether, if 38 U.S.C.

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Constitutional Law Reporter

JUNE 29, 2021

Meanwhile, the Government argued that “so” should be interpreted more broadly, contending the phrase “is not entitled so to obtain” refers to information one was not allowed to obtain in the particular manner or circumstances in which he obtained it.

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Constitutional Law Reporter

DECEMBER 14, 2022

1983 ; and (2) whether, assuming spending clause statutes ever give rise to private rights enforceable via Section 1983, the Federal Nursing Home Amendments Act of 1987 ’s transfer and medication rules do so.” Axon Enterprise, Inc. Norfolk Southern Railway Co.:

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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.”

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Constitutional Law Reporter

NOVEMBER 11, 2021

The specific question before the Court is whether a state attorney general vested with the power to defend state law should be permitted to intervene after a federal court of appeals invalidates a state statute when no other state actor will defend the law. Thompson v. We encourage readers to check back for updates.

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SCOTUSBlog

APRIL 8, 2022

Notably, and unlike other constitutional provisions, Moore maintains, the clause does not refer to the state itself, but an organ of government. In this case, the North Carolina General Assembly last November enacted a new map for congressional elections in response to the 2020 U.S. Census data.

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Constitutional Law Reporter

SEPTEMBER 22, 2021

First, the Government was unlikely to succeed on the merits, given the four votes to vacate the stay in this Court and Justice Kavanaugh’s concurring opinion. It strains credulity to believe that this statute grants the CDC the sweeping authority that it asserts.”. “Their answers impact the health of millions.”.

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Constitutional Law Reporter

JULY 6, 2023

Supreme Court narrowed the scope of a federal aggravated identity theft statute. Section 1028A(a)(1) applies when a defendant, “during and in relation to any [predicate offense, such as healthcare fraud], knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person.” In Durbin v.

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Constitutional Law Reporter

AUGUST 28, 2023

The Pennsylvania Supreme Court sided with Norfolk Southern, holding that the Pennsylvania law violated Due Process. By a slim 5-4 majority, the Court held that Pennsylvania’s statute requiring out-of-state companies to consent to suit in Pennsylvania courts in order to do business in Pennsylvania does not violate the Due Process Clause.

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JonathanTurley

NOVEMBER 14, 2021

At trial, however, prosecutor Thomas Binger at points seemed to be learning the governing law from Rittenhouse. However, the most damaging moment came outside of the presence of the jury when the judge drilled down on the law. It is also hard to instruct a jury on an ambiguous statute. I have a legal education.”

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Constitutional Law Reporter

MARCH 21, 2022

In reaching its decision, the Court noted that no statute or rule provides a general standard to apply in deciding whether intervention on appeal should be allowed. A state’s opportunity to defend its laws in federal court should not be lightly cut off,” Justice Alito explained. Justice Samuel Alito wrote on behalf of the Court.

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Constitutional Law Reporter

FEBRUARY 15, 2022

For his separate National Guard service, which included part-time drills, training exercises, and one active-duty deployment, Babcock received military pay and military pension payments from a different arm of the Federal Government, the Defense Finance and Accounting Service. Code, which governs the pay and benefits of civil servants.

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SCOTUSBlog

JUNE 27, 2022

Specifically, the Vega majority held that governmental violation of Miranda – an undisputed “constitutional decision” that adopted a “constitutional rule” that is “constitutionally based” and has “constitutional underpinnings” – is not a violation of the Constitution. United States , is “set in constitutional stone.”.

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JonathanTurley

JUNE 7, 2023

” The government conceded that four of the five favored Range, but Pratter found that he was still properly barred under the “cross-jurisdictional consensus” among other states. It also is an appeal that would be made by the United States over the invalidation of a federal statute.

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LexForti

JUNE 10, 2021

Article 12 states that the Central Government, the Parliament, State Government and State Legislatures come within the definition of “state”. The Supreme Court observed that a body would be ‘state’ if : It is performing essential state function and It is under the pervasive control of the Government. In the case of R.D.Shetty v.

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Government Court Statute Constitutional Law 52

LexForti

MAY 12, 2021

Article 12 states that the Central Government, the Parliament, State Government, and State Legislatures come within the definition of “state”. The Supreme Court observed that a body would be ‘state’ if : It is performing essential state function and It is under the pervasive control of the Government.

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Government Court Statute Constitutional Law 52

JonathanTurley

AUGUST 25, 2023

In 2017, Denmark took a historic step in favor of free speech by rescinding its blasphemy law after 334 years. Now, however, the liberal government is moving to reinstate the blasphemy crime with a new law barring the burning of the Qur’an, the Bible, and other religous texts. The outcome can be laid at no door but ours.

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Broadcast Law Blog

JUNE 22, 2017

The PTO also stated that it was bound by a 1981 precedent issued by the United States Court of Appeals for the Federal Circuit, holding that the statute was constitutional. For example, the PTO asserted that federal registration of a mark suggests that the viewpoint expressed by the mark was approved by the Government.

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Court Statute Government Constitutional Law 41

JonathanTurley

MAY 12, 2021

” The language of the statute in my view is unconstitutional due to its sweeping criminalization of any “curse or abuse” that could “provoke a breach of the peace.” ” However, the appellate panel corrected noted that such laws are narrowly construed in light of controlling precedent. .”

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SCOTUSBlog

JUNE 26, 2023

An expansive reading of the statute, the court recognized, would arguably criminalize political advocacy or general encouragement. That means that someone can only run afoul of the statute if they intend for an immigrant to come or remain in the U.S. while knowing that is unlawful.

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Constitutional Law Reporter

NOVEMBER 20, 2023

837 (1984), courts must defer to a federal agency’s reasonable interpretation of an ambiguous statute that the agency is charged with administering, even if they are inclined to rule another way. The Court’s decision in Chevron is one of the most frequently cited administrative law decisions. In Loper Bright Enterprises v.

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SCOTUSBlog

NOVEMBER 27, 2023

To leave the decision unreviewed would force Congress to revise substantially the affected portions of the securities laws solely based on the opinion of one divided lower court panel – hence, the Supreme Court’s buffet of constitutional law topics on Wednesday morning.

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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.

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JonathanTurley

SEPTEMBER 27, 2021

The government is generally barred from regulating speech because of its message, its ideas, its subject matter, or its content. On the one hand, certain forms of speech, or speech in certain contexts, has been considered outside the scope of constitutional protection. Police Dep’t of Chicago v. Mosle , 408 U.S. 92, 95 (1972).

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JonathanTurley

MAY 19, 2021

One of the greatest threats to free speech is the chilling effect caused by ambiguous or vague standards like the one contained in this statute. The “guise of constitutional freedom” is in fact the First Amendment’s protection of unpopular speech. Most concerning is the call for European style speech limits in this country.

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Misdemeanor Statute Laws Court 41

JonathanTurley

SEPTEMBER 9, 2021

The statute defines “information content provider” as “any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the Internet or any other interactive computer service.” 47 U.S.C. §

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