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.

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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. Below is a brief summary of the cases before the Court: Nance v.

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Constitutional Law Reporter

JANUARY 31, 2022

The central issue before the Court in both cases is whether the vaccine mandates should be allowed to move forward while the legal challenges work their way through the lower courts. Gonzalez : The latest immigration case before the justices involves when individuals subject to removal are entitled to an individualized bond hearing.

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JonathanTurley

DECEMBER 27, 2022

The order embodies what Gorsuch previously warned was a “holiday” of legal principles during the Covid crisis. We are a court of law, not policymakers of last resort. It allow the President to satisfy immigration advocates and his base by fighting to lift the limitation.

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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.

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JonathanTurley

DECEMBER 17, 2021

Below is my column in The Hill on the recent bills proposed in Florida and California on immigration and guns. The bills are the latest examples of “gotcha legislation,” though the Florida bill could raise some interesting legal questions if Gov. Newsom’s gun ‘heartbeat’ law. Here is the column: California Gov.

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JonathanTurley

JUNE 9, 2023

.” The problem, however, is that this is just like the transport of migrants to Martha’s Vineyard in September 2022, which a number of Democratic leaders and legal experts insisted was also a clear case of kidnapping and human trafficking. First, let’s look at the law. Newsom previously asked the U.S.

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Constitutional Law Reporter

JANUARY 19, 2023

Supreme Court agreed to keep the federal government’s Title 42 policy in place while legal challenges continue. The post SCOTUS Leaves Title 42 in Place Temporarily appeared first on Constitutional Law Reporter. In Arizona et al. Alejandro Mayorkas et al.,

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JonathanTurley

FEBRUARY 13, 2023

Notably, California’s law expressly states that this money should not be treated as compensation for federal reparations. For example, New York and numerous other cities have declared themselves to be “sanctuaries” for undocumented immigrants yet, in recent months, have protested increasing transfers of such immigrants to their jurisdiction.

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JonathanTurley

SEPTEMBER 18, 2022

Despite the utter lack of legal basis for these allegations, major media has continued to air such claims. This weekend, MSNBC’s Tiffany Cross and MSNBC regular (and past writer for Above the Law and the Nation) repeated the false claim that the trips constitute kidnapping. It is legally absurd. Gavin Newsom.

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The Crime Report

APRIL 6, 2022

Constitution to have the National Guard or state police forcibly send migrants to Mexico, without regard to immigration laws and law enforcement procedures. The plan involves a novel interpretation of the U.S. S ee also: Conservative States Sue Biden to Keep Title 42 in Place.

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JonathanTurley

SEPTEMBER 22, 2022

” The filing is a Jackson Pollock of legal claims with twelve claims thrown against Florida from false imprisonment to intentional infliction of emotional distress to misuse of the Coronavirus State Fiscal Recovery Fund. Citizenship and Immigration Services (USCIS), including USCIS Form AR-11, “Alien’s Change of Address Card.”

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JonathanTurley

SEPTEMBER 10, 2021

In the law, it is called an admission against interest or an out-of-court statement by a party that, when uttered, is against the party’s pecuniary, proprietary, or penal interests. That statement was then walked back due to the lack of legal authority to issue such a mandate. In politics, it is called just dumb.

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JonathanTurley

SEPTEMBER 22, 2023

support to Ukraine” as well as “irregular immigration.” Homeland redacted much of this information on a now defunct board under FOIA Exemption 7(E), which protects “techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations.”

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JonathanTurley

NOVEMBER 13, 2021

I recently wrote a column on the legal challenges to President Joe Biden’s vaccine mandate issued through OSHA. To its credit, the Fifth Circuit did not give the Klain tweet the weight that the Ninth Circuit gave Trump’s tweets in its rulings against his immigration orders.

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ClimateChange-ClimateLaw

AUGUST 4, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. Washington Supreme Court Said Climate Activist Was Entitled to Present Necessity Defense Based on Evidence that Legal Alternatives Were Not “Truly Reasonable”.

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SCOTUSBlog

APRIL 13, 2022

Yet his record is not unblemished: He distrusted immigrants from China and even voted to deny citizenship to their U.S.-born He is also a graduate of Columbia Law School. In the end, though, a large part of the story turned on the question of just what it was that enabled Harlan to see the law so differently from his peers.

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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. Jean Carroll, who alleges that Trump raped her.

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JonathanTurley

JULY 3, 2023

The law is only a few pages long and was intended to assist military personnel deployed abroad in combat zones. The idea of using that law in order to avoid getting congressional approval for such a massive expenditure was laughable. That is a constitutional debt that should not be forgiven. to New York by way of Los Angeles.

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JURIST

FEBRUARY 7, 2024

The US House of Representatives voted Tuesday not to impeach Secretary of Homeland Security Alejandro Mayorkas for allegedly failing to comply with US law and breaching public trust in his handling of immigration enforcement on the US-Mexico border.

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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.

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SCOTUSBlog

NOVEMBER 30, 2021

Jackson Women’s Health Organization , the potentially momentous abortion case concerning a Mississippi law banning abortion after 15 weeks of pregnancy. Trinity Legal Center and Catholic Medical Association, National Association of Catholic Nurses-USA, Idaho Chooses Life and Texas Alliance for Life make similar arguments.

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JonathanTurley

SEPTEMBER 17, 2021

Whether it is the circumvention of Congress or launching unilateral wars, presidents dance to their own tune to the gleeful applause of their supporters. Take the series of losses recently by the Biden Administration in areas like immigration. It should sound familiar.

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JonathanTurley

DECEMBER 8, 2020

Trump was about to sign his travel ban and had sent the draft to the Justice Department’s Office of Legal Counsel, an office ordinarily given considerable deference on the legality of policies and orders. The career staff at the OLC had found that the order was legal and within Trump’s authority. The legend was made.

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JonathanTurley

DECEMBER 30, 2021

Once in office, President Biden continued that “sentence first, verdict afterwards” habit by making comments that conveyed what he wanted to see happen on legal decisions to be made from agencies. Customs and Border Protection agents who were falsely accused of “whipping” undocumented immigrants on the southern border.

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JonathanTurley

JUNE 21, 2021

What is notable is that such losses in the early days of the Trump Administration led to coverage declaring a war on the “rule of law” and even indications of authoritarianism. Yet, many previously outspoken legal experts have either blamed conservative judges or simply ignored the losses all together.

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JonathanTurley

AUGUST 27, 2021

While most Administrations tend to minimize such test cases to avoid creating bad precedent, the Biden Administration has litigated with an utter abandon — elevating political over legal considerations in litigation. It is the same basis that Democrats used to successfully challenge some Trump immigration policy changes.

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JonathanTurley

JUNE 29, 2023

For months, liberal law professors and pundits have filled the media with dire predictions that the Supreme Court was about to carry out a long-planned “coup” and “ power grab ” — one even wrote that the court could be on the brink of establishing “ one-party rule ” in the United States. After all, they are viewed as right on the law.

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JonathanTurley

SEPTEMBER 5, 2023

Phil Murphy is pushing back on a plan to fly undocumented immigrants to his state, suggesting that New Jersey is now effectively off-limits to planned federal flights dropping off undocumented immigrants. There is a key legal distinction at play in these moves. New Jersey’s Democrat Gov. We’re a poor county.

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SCOTUSBlog

MAY 20, 2021

The book is unlikely to change many minds, however, because it betrays the very fault of which it accuses the court: It advances a vision of correct decision-making rooted more in partisan policy preferences than in neutral legal criteria. Even so, I am skeptical that the court will alter the law as dramatically as Millhiser fears.

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JonathanTurley

MARCH 21, 2022

His weapon: a question about her prior legal positions. Mystal, who has written for Above the Law, joined his colleague Joe Patrice in attacking high school student Nicholas Sandmann , the teenager wrongly accused of attacking a Native American. Josh Hawley of trying to kill Supreme Court nominee Judge Ketanji Brown Jackson.

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JonathanTurley

JANUARY 25, 2021

Here is the column: There are times when being a law professor ruins everything. Yet the true president at that moment was in Florida: Donald Trump legally would remain in office for ten more minutes, under the 20th Amendment. It will be a fun bit of trivia for constitutional law geeks, but it was also telling.

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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. Despite the contrary views of Obama and a host of constitutional law professors, President Biden appears emboldened by the idea.

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