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. The legal difference is obvious.

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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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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

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 27, 2022

The order embodies what Gorsuch previously warned was a “holiday” of legal principles during the Covid crisis. It allow the President to satisfy immigration advocates and his base by fighting to lift the limitation. However, he is bound by oath to apply the law, not tailor the law to fit political or policy demands.

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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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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

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. That legal fight, however, must await a moment of truth for California legislators.

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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. Newsom previously asked the U.S. To great acclaim, Rachael Rollins, then the U.S.

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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

That statement was then walked back due to the lack of legal authority to issue such a mandate. The media covered such pressure extensively during the Trump Administration and legal experts objected that the Trump White House was attacking the independence of the Justice Department and other agencies.

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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. impose a nationwide moratorium ?on

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JonathanTurley

SEPTEMBER 22, 2023

support to Ukraine” as well as “irregular immigration.” criticized me for offering “legal opinions” without working at Twitter. withdrawal from Afghanistan, and the nature of U.S. ” Those subjects stretch across much of the “space” used for political speech in the last few years.

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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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ClimateChange-ClimateLaw

AUGUST 4, 2021

Washington Supreme Court Said Climate Activist Was Entitled to Present Necessity Defense Based on Evidence that Legal Alternatives Were Not “Truly Reasonable”. Ninth Circuit Affirmed Rejection of NEPA Challenges to Immigration Policies. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 148. FEATURED CASE. Biden , No.

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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 In Harlan’s case, the story arc that first attracted me was the notion of posthumous vindication – how a man who went so far out on a limb in his time could land so comfortably in the mainstream of legal thought.

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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 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. It is rather through a different statute , the Higher Education Act of 1965.

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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

Trinity Legal Center and Catholic Medical Association, National Association of Catholic Nurses-USA, Idaho Chooses Life and Texas Alliance for Life make similar arguments. The Christian Legal Society and Robertson Center for Constitutional Law , Concerned Women for America , and Judicial Watch, Inc. Against stare decisis.

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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.

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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

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.

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JonathanTurley

JUNE 21, 2021

Yet, many previously outspoken legal experts have either blamed conservative judges or simply ignored the losses all together. 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.

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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

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 can’t afford it. We’re a poor county.

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JonathanTurley

JUNE 29, 2023

It does not even matter that the court, with its conservative majority, has delivered repeated victories for the Biden administration, including last week’s 8-1 ruling in favor of President Joe Biden’s immigration policies. Likewise, it will not matter that the conservative “coup” never came.

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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. Constitutional law is no exception. Columbia Global Reports 2021).

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JonathanTurley

MARCH 21, 2022

His weapon: a question about her prior legal positions. For example, an anti-fascist, anti-Trump activist firebombed an immigration center in Texas. Under Mystal’s logic, asking Judge Jackson about her decisions on immigration could be viewed as inviting such a violent response.

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JonathanTurley

JANUARY 25, 2021

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. Senate Majority Leader Chuck Schumer (D-N.Y.)

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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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