Constitutional Law Reporter

JANUARY 31, 2022

The justices have agreed to decide the following question: “Whether the federal Medicaid Act provides for a state Medicaid program to recover reimbursement for Medicaid’s payment of a beneficiary’s past medical expenses by taking funds from the portion of the beneficiary’s tort recovery that compensates for future medical expenses.”.

Immigration 52

Immigration Statute Tort Healthcare 52

JonathanTurley

AUGUST 23, 2023

Your activities resulted in the unlawful destruction of government property, the death of a law enforcement officer, an assault on the certification of the presidential election. Baldwin, however, took the issue public and seemed to taunt Roice that he would make her infamous: “I don’t think so. I reposted your photo.

Tort 36

Tort Litigation Litigating Court 36

JonathanTurley

MAY 17, 2021

The British media are subject to harsh laws giving the government far greater powers to control or punish publications. Fortunately, the government has been largely benign in the use of such laws but there are far greater restrictions placed on British media than their American cousins. For example, in Sidis v.

Tort 50

Tort Court Government Laws 50

JonathanTurley

JANUARY 31, 2021

As someone who has taught defamation torts for thirty years, the Trump Administration has been a bonanza of such cases and controversies. I regularly criticized Donald Trump for his calls to change defamation laws. The Court in cases like New York Times v. It is not clear who will be suing as individuals or the group or both.

Tort 42

Tort Court Laws Court Rules 42

JonathanTurley

JUNE 15, 2023

” That block party is now the subject of this lawsuit and it could come down to what is considered discretionary decisions by government officials. It was just politically too difficult to confront these groups so leaders like Durkan joked about it and the media portrayed the zone like a “block party.” City of Seattle

Government 37

Government Laws Constitutional Law Tort 37

JonathanTurley

DECEMBER 19, 2021

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. City of Chicago , in which the Court declared that that right is incorporated against state and local government. In 2010, Chicago brought us McDonald v.

Manufacturing 28

Manufacturing Laws Litigation Litigating 28

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. This principle is known as intergovernmental immunity. Washington.

Contract 91

Contract Government Statute Construction 91

JonathanTurley

APRIL 14, 2022

Most of us recognize the value of a higher standard to protect citizens in criticizing government officials. In this case, two such celebrities are suing each other but can claim this protection in being sued by a celebrity. Such a standard advances democratic values when citizens speak about about character and actions of those in power.

Litigation 35

Litigation Litigating Legal Legal 35

JonathanTurley

APRIL 27, 2021

The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. This is precisely the environment in which the opinion was written and he is precisely the type of plaintiff that the opinion was meant to deter.

Tort 55

Tort Lawyer Lawyers Depositions 55

JonathanTurley

JANUARY 24, 2022

Your activities resulted in the unlawful destruction of government property, the death of a law enforcement officer, an assault on the certification of the presidential election. Baldwin, however, took the issue public and seemed to taunt Roice that he would make her infamous: “I don’t think so. I reposted your photo.

Legal 36

Legal Legal Litigation Litigating 36

JonathanTurley

DECEMBER 9, 2020

The lawsuit strikes me as meritless under governing tort doctrines. Torts cases of defamation often turn common understanding of such expression as jokes or opinion. The lawsuit not only contradicts governing case law but threatens constitutional protections for free speech and the free press in seeking such tort relief.

Tort 35

Tort Lawyer Lawyers Court Rules 35

JonathanTurley

MAY 23, 2021

” What is most interesting about this lawsuit is how it is arguably meritless under both tort and constitutional law. This is a classic example where opinion is protected under tort and constitutional law. Trump could argue truth as a defense and fall back on opinion is needed in any litigation.

Tort 39

Tort Lawyer Lawyers Constitutional Law 39

JonathanTurley

DECEMBER 27, 2020

Sullivan’s lawsuit was one of a number of civil actions brought under state laws that targeted Northern media covering the violence against freedom marchers. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press.

Laws 42

Laws Tort Law School Court 42

JonathanTurley

FEBRUARY 18, 2022

Here is the column: For those of us who teach torts, we are living in the golden age of defamation. The court believed that public officials have ample means to rebut false statements, but that it’s essential for democracy for voters and reporters to be able to challenge government officials. Why punish private citizens?

Tort 35

Tort Court Government Statute 35

JonathanTurley

JANUARY 10, 2024

The courts have long recognized that presidents are allowed to establish priorities in the enforcement of federal laws, even when those priorities tend to lower enforcement for certain groups or areas. It is a matter of discretion. 2680(a) for policy-based judgments. Immigration has long been an area of intense policy disagreements.

Misdemeanor 41

Misdemeanor Immigration Tort Laws 41

JonathanTurley

AUGUST 21, 2021

Parliament can pass a resolution stating “That this House has no confidence in Her Majesty’s Government.” If the existing members of parliament can’t form a new government in 14 days, the entire legislative body is dissolved pending a general election. They sought to insulate our government from the transient impulses of politics.

Misdemeanor 49

Misdemeanor Government Tort Constitutional Law 49

JonathanTurley

JANUARY 26, 2022

Parliament can pass a resolution stating “That this House has no confidence in Her Majesty’s Government.” If the existing members of parliament can’t form a new government in 14 days, the entire legislative body is dissolved pending a general election. Such discretionary judgments are protected for even low level federal officials.

Misdemeanor 33

Misdemeanor Tort Drafting Government 33

JonathanTurley

JANUARY 25, 2021

Or you watch a football game with friends and try to explain that the cameraman wiped out by the running back would have a great torts case. It will be a fun bit of trivia for constitutional law geeks, but it was also telling. Yet, many on the left do not want to wait for a broader mandate to implement sweeping changes.

Immigration 49

Immigration Constitutional Law Tort Sports 49

JonathanTurley

DECEMBER 23, 2020

Sullivan have long limited tort law where it would undermine the first amendment. If there is a bedrock principle underly- ing the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.” Johnson, 491 U. 397, 414 (1989).

Tort 41

Tort Cause of Action Court Constitutional Law 41