Constitutional Law Reporter

NOVEMBER 28, 2022

In the 2003 decision, the Court ruled that the University of Michigan Law School’s race-sensitive admissions program was narrowly tailored because the consideration of race was merely one factor in the decision-making process and individualized consideration was given to each applicant. Bollinger , 539 U.S. 306 (2003).

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JURIST

DECEMBER 4, 2022

Danielle Smith, who took office as the new Premier of the western Canadian province of Alberta in October, said Saturday that her government is considering revising the provisions of the proposed provincial Sovereignty Act which would empower the provincial cabinet to unilaterally rewrite laws without legislative approval.

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Government Constitutional Law Statute Laws 104

Constitutional Law Reporter

APRIL 4, 2023

“Best read, the BSA treats the failure to file a legally compliant report as one violation carrying a maximum penalty of $10,000, not a cascade of such penalties calculated on a per-account basis,” Justice Neil Gorsuch wrote on behalf of the majority. Instead, the relevant legal duty is the duty to file reports.”

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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. The secretary remained in the case and defended the challenged law. Facts of the Case.

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Laws Attorney Litigation Litigating 52

JonathanTurley

APRIL 1, 2023

A federal judge has temporarily blocked a new Tennessee law limiting drag shows on constitutional grounds. Putting that concern aside, I have serious free speech concerns over the reach of these laws. Federal district judge Thomas Parker granted an injunction on the ground that the Tennessee law is vague and overly broad.

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Constitutional Law Reporter

MARCH 5, 2024

2401 (a)’s six-year statute of limitations, holding that that Corner Post’s APA claims “first accrue[d]” when the Board issued the rule in 2011-even though Corner Post did not open for business until seven years later. . Board of Governors of the Federal Reserve System : Petitioner Corner Post, Inc.

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Constitutional Law Reporter

MAY 10, 2023

As separate sovereigns pre-existing the Constitution, Indian tribes have the same common-law immunity from suit traditionally enjoyed by sovereign governments—unless and until Congress unequivocally expresses its intent to abrogate that immunity. Younger : The cases centers onthe preservation of legal claims for appeal.

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Government Statute Court Legal 59

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. Cortada’s painting reminds us that Gideon’s petition started a constitutional debate that is still ongoing.

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Conflict of Laws

DECEMBER 21, 2023

It contains the following contributions: ESSAYS Mareike Schmidt, Kulturalität der Rechtsanwendung und internationale Rechtsvereinheitlichung – Überlegungen am Beispiel des UN-Kaufrechts, 643–671, DOI: [link] Cultural Dimensions in the Application of Law and International Unification of Law – The Example of the CISG. –

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Constitutional Law Reporter

JANUARY 26, 2023

In the most high-profile case of the week, the Court addressed the scope of the attorney-client privilege when an attorney provides both legal and non-legal advice. 223, 228 (1989), a statute does not abrogate sovereign immunity unless Congress’s intent to abrogate is “unmistakably clear” in the statutory text.

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SCOTUSBlog

OCTOBER 28, 2022

Jones involves a federal prisoner who is legally innocent – the conduct a jury found he committed isn’t a crime. United States that to be convicted under the felon-in-possession statute, the government has to prove not only that the defendant knowingly possessed a gun, but that he knew he was prohibited from doing so.

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Felony Statute Government Court 96

LexForti

OCTOBER 4, 2021

Keywords: Judicial Review, Constitutionality of Law, Re-modification of Laws, etc. These Petitions were filed under Article 226 of the Constitution. State of Tamil Nadu, where it was held that, if the language of the statute is clear and precise, then there is no need to read the words of such law into the statute.

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Constitutional Law Reporter

OCTOBER 25, 2023

The justices heard three oral arguments in the first week of the new term and considered issues ranging from a civil rights tester’s right to sue to federal sentencing laws to the constitutionality of the Consumer Financial Protection Bureau. The consumer watchdog has survived previous legal challenges and may again escape unscathed.

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Constitutional Law Reporter

NOVEMBER 11, 2021

The other potential blockbuster of the week, which involves a legal challenge to a Kentucky abortion law, appears likely to be resolved on procedural grounds in favor of the state’s Attorney General. The post SCOTUS Hears Oral Arguments in Four Cases appeared first on Constitutional Law Reporter. Thompson v.

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Attorney Constitutional Law Statute Court 59

JURIST

NOVEMBER 7, 2022

In Monday’s oral argument, Paul Clement, on behalf of Axon, stated that the company is “challenging the constitutionality of statutes that insulate agency officials” and violate due process rights by “denying access to courts.”

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Constitutional Law Reporter

OCTOBER 18, 2021

.: Through more than two years of litigation, the Secretary of Kentucky’s Cabinet for Health and Family Services led the state’s legal defense of its law prohibiting abortions in which an unborn child is dismembered while still alive. Over a dissent, the Sixth Circuit refused to allow the Attorney General to defend Kentucky law.

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Attorney Constitutional Law Lawyer Lawyers 59

JonathanTurley

NOVEMBER 14, 2021

In covering the motions hearing last week in the trial of Kyle Rittenhouse, I noted a surprising comment from Judge Bruce Schroeder that he had “spent hours” with the Wisconsin gun law and could not state with certainty what it means in this case. I have a legal education.” That is not a short barrel.

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Conflict of Laws

MAY 9, 2023

Written by Zuzanna Nowicka , lawyer at the Helsinki Foundation for Human Rights and lecturer at Department of Logic and Legal Argumentation at University of Warsaw In the aftermath of the judgment of the ICJ of 2012 in the case of the Jurisdictional Immunities of the State (Germany v.

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SCOTUSBlog

JUNE 27, 2022

Saul Cornell is the Paul and Diane Guenther chair in American history at Fordham University and adjunct professor of law at Fordham Law School. It is particularly noteworthy that Justice Stephen Breyer called out his colleagues for engaging in the most rank form of law-office history in his dissent.

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Laws Law Office Court Legal 145

Constitutional Law Reporter

APRIL 10, 2024

In reaching its decision, the appeals court held that a public official engages in state action only when the official performs a legally mandated “duty of his office” or invokes the “authority of his office.” The Sixth Circuit Court ruled that Freed was not liable because he maintained his Facebook page in his personal capacity.

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Constitutional Law Reporter

MARCH 14, 2023

The Bankruptcy Court found that David had committed fraud and imputed his fraudulent intent to Kate because the two had formed a legal partnership to renovate and sell the property. “By doing so, Congress cut from the statute the strongest textual hook counseling against the outcome in Strang,” she wrote.

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SCOTUSBlog

JUNE 27, 2022

The majority’s decision both hobbles Miranda ’s enforceability and unceremoniously strips the Constitution’s Fifth Amendment right against compelled self-incrimination of Miranda ’s prophylactic protection, heretofore regarded as criminal procedure canon in American law. Interestingly, the majority noted that they can.

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Court Constitutional Law Government Statute 100

JonathanTurley

SEPTEMBER 29, 2022

However, in my view, the media’s interpretation of the letter has exceeded any reasonable construction of the law. The law does not prevent professors from discussing abortion or supporting the right in their classes. Rather, it says that the enforcement or interpretation of the law “remains unclear.”

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Constitutional Law Reporter

SEPTEMBER 15, 2021

Moreover, the Court has rejected the proposition that “a plaintiff automatically satisfies the injury-in-fact requirement whenever a statute grants a person a statutory right and purports to authorize that person to sue to vindicate that right.” Congress may enact legal prohibitions and obligations. Milkovich v. Lorain Journal Co.,

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Constitutional Law Reporter

FEBRUARY 22, 2021

Legal Background. Second, the features of a reopening decision make it one “ by which rights or obligations have been determined, or from which legal consequences will flow.” Railroad Retirement Board Decision Subject to Judicial Review appeared first on Constitutional Law Reporter. The system is administered by the U.

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Court Rules Court Legal Legal 52

JonathanTurley

JULY 3, 2022

The letter seeks to use state laws to achieve what the Justice Department has clearly rejected under federal law. The timing of the letter, however, is particularly interesting and may reflect a recognition of the limits of the federal law. However, I have also questioned the use of a federal law to arrest protesters.

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Court Laws Statute Constitutional Law 40

JonathanTurley

DECEMBER 15, 2021

The referral shows how such ambiguous statutes undermine free speech. Sheriff Murphy seemed to acknowledge that he is pushing the legal envelope on this referral but said that he has lost his patience: “We have done our share of these, trying to get some clear understanding of the line for criminal charges vs free speech.

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Statute Education Legal Legal 35

LexForti

JUNE 10, 2021

Bhagatram , the question before the court was ‘whether ONGC (Oil and Natural Gas Corporation), LIC (Life Insurance Corporation of India) and IFC (International Finance Corporation) created by statutes would come under the purview of ‘state’ under Article 12.’ The court held that if an authority.

Government 52

Government Court Statute Constitutional Law 52

LexForti

MAY 12, 2021

Bhagatram , the question before the court was ‘whether ONGC (Oil and Natural Gas Corporation), LIC (Life Insurance Corporation of India) and IFC (International Finance Corporation) created by statutes would come under the purview of ‘state’ under Article 12.’. The court held that if an authority.

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Government Court Statute Constitutional Law 52

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.

Statute 52

Statute Construction Contract Court 52

Constitutional Law Reporter

JANUARY 10, 2022

Jackson that abortion providers may bring a pre-enforcement challenge in federal court as one means to test whether Texas’ s strict abortion law violates the U.S. Constitution, albeit only against certain state medical licensing officials. The justices also ruled that the law (S.B. 8 violates the Constitution.

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JonathanTurley

NOVEMBER 30, 2021

The Washington Post has been criticized for running a column by Aaron Tang , professor of law at the University of California at Davis, claiming an originalist basis for the right to abortion. The column makes highly dubious claims over the legality of early stage abortions and the likely understanding of the Framers of such a right.

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Legal Legal Laws Drafting 7

JonathanTurley

JANUARY 5, 2024

It is a frivolous lawsuit based on an absurd law motivated by raw hypocrisy. That statute expressly allows the commissioner of the New York City Department of Social Services (DSS) to sue to recover costs. Such inquiries would themselves violated legal and constitutional protections. This is truly a thing to behold.

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Statute Contract Litigation Litigating 62

JonathanTurley

SEPTEMBER 2, 2023

We recently discussed a federal court ruling that the Texas law requiring age verification and warning for porn sites was unconstitutional. Now, Judge Timothy Brooks in Arkansas has found that another state law imposing age verification requirements for social media violates the First Amendment. In Netchoice, LLC 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. The post Justices Hear Oral Arguments in Four Cases appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

AUGUST 2, 2023

The HEROES Act allows the Secretary to ‘waive or modify’” provisions of the student aid laws, “but does not allow the Secretary to rewrite that statute to the extent of canceling $430 billion of student loan principal,” Chief Justice John Roberts wrote on behalf of the Court.

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SCOTUSBlog

OCTOBER 30, 2022

Bollinger declared an expectation that affirmative action would no longer be necessary in 25 years — a self-imposed expiration date that would be unheard of in any other area of constitutional law. But the initial Constitution was of course not colorblind: It protected slavery. 9, another remedial statute is at risk.

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Court Constitutional Law Statute Education 101