SCOTUSBlog

APRIL 22, 2022

It particularly disfavors Eighth Amendment litigation attacking familiar lethal injection protocols as “cruel and unusual” punishment. In the past 20 years, the court has announced substantive constitutional law, pleading requirements, and timeliness rules that make it harder to win such arguments.

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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

The States have asked the justices to stay implementation while litigation continues in the lower courts. Nealy : The cases is set to resolve a circuit split regarding the statute of limitations in copyright infringement cases. The Fifth Circuit Court of Appeals denied the motions to stay and the States appealed to the Supreme Court.

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Constitutional Law Reporter

JUNE 3, 2022

Despite that agreement, Morgan filed a nationwide collective action asserting that Sundance had violated federal law regarding overtime payment. Then—nearly eight months after Morgan filed the lawsuit— Sundance moved to stay the litigation and compel arbitration under the FAA. Erdman Co. Phoenix Land & Acquisition, LLC , 650 F.

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Patently O

SEPTEMBER 26, 2022

Topics: Enablement / Written Description (All three are biotech / pharma): 3 Cases; Infringement (FDA Labeling): 1 Case; Anticipation (On Sale Bar): 1 Case; Double Patenting (Still the law?): According to the Federal Circuit, US patent law contains separate and distinct written description and enablement requirements. USPTO , No.

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Court Laws Manufacturing Statute 125

JonathanTurley

JULY 12, 2021

The centerpiece of Cuomo’s plan is a new law to allow victims of gun violence to sue gun manufacturers under a nuisance theory. It is doubtful that Cuomo truly believes that the law will make a significant, if any, impact on gun violence. The new law is written to get around a federal ban on such lawsuits. Of the $138.7

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Constitutional Law Reporter

FEBRUARY 16, 2023

In reaching its decision, the Court explained that equitable tolling “effectively extends an otherwise discrete limitations period set by Congress” when a litigant diligently pursues his rights but extraordinary circumstances prevent him from bringing a timely action. It also noted that pursuant to Irwin v.

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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 post SCOTUS Rules Quiet Title Act’s Time Bar Is Claim-Processing Rule appeared first on Constitutional Law Reporter. In Wilkins v. Fort Bend County v.

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Government Statute Entertainment Constitutional Law 52

Constitutional Law Reporter

MARCH 29, 2022

The District Court determined dismissal appropriate because litigation of the dismissed claims “would require or unjustifiably risk disclosure of secret and classified information.” For instance, Section 1806(f) allows “review in camera and ex parte” of materials “necessary to determine” whether the surveillance was lawful.

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Constitutional Law Reporter

JULY 12, 2023

The States of Texas and Louisiana claim that the Guidelines contravene two federal statutes that they contend require the arrest of certain noncitizens upon their release from prison ( 8 U.S.C. In their opinion, Congress specifically prohibited courts from issuing injunctions related to certain immigration laws. 1231(a)(2) ).

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Immigration Court Rules Court Entertainment 52

JonathanTurley

JANUARY 14, 2024

District Judge Kathryn Kimball Mizelle has ruled that the federal law prohibiting people from possessing firearms inside post offices is unconstitutional. ” Judge Mizelle noted that the law stands in conflict with the Bruen decision. In Florida, U.S. 18 U.S.C. § 18 U.S.C. § That is all. No citation, no authority, no reasoning.”

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Statute Government Court Court Rules 50

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. It is a cynical effort to impose litigation costs on companies to get them to refuse to accept such contracts.

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Statute Contract Litigation Litigating 63

Constitutional Law Reporter

JUNE 4, 2021

Saul, 593 U.S. _ (2021) , that the principles of issue exhaustion do not require Social Security disability claimants to argue at the agency level that the administrative law judges hearing their disability claims were unconstitutionally appointed. Supreme Court unanimously held in Carr v. Facts of the Case. Thereafter, the U.S.

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Constitutional Law Reporter

DECEMBER 14, 2022

Two of the cases involve whether litigants must wait for administrative proceedings to conclude before challenging the authority of federal agencies in federal court. The post Justices Consider Making It Easier to Challenge Regulatory Power of Federal Agencies appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

NOVEMBER 2, 2022

Ross : The case challenges the constitutionality of California’s Proposition 12, an animal welfare law regulating the pork industry. The post Andy Warhol Art Headlines Busy Week for Supreme Court appeared first on Constitutional Law Reporter. Bruce Church, Inc.”.

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Court Constitutional Law Statute Litigation 52

JonathanTurley

JUNE 9, 2023

Newsom cited the kidnapping statute but apparently failed to read it or the underlying cases. First, let’s look at the law. Moreover, it is not clear how transporting migrants who entered the country illegally to another state is a violation of law. They are then left to their own devices and destinations.

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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

Constitutional Law Reporter

FEBRUARY 23, 2021

According to the Court, a country’s alleged taking of property from its own nationals does not fall under Foreign Sovereign Immunities Act’s expropriation exception, which applies to “property taken in violation of international law.”. We look to the law of property.” Facts of the Case. Circuit Court of Appeals affirmed.

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SCOTUSBlog

DECEMBER 6, 2022

One concern was that the statute states that the court should not, and might not even have the power to, pull such an asset back into the estate. When Brunstad argued that the statue was clear enough, Gorsuch interjected that “we normally require magic words like ‘no jurisdiction,’” something this statute lacks.

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Court Statute Litigation Litigating 71

JonathanTurley

SEPTEMBER 6, 2021

Below is my column in The Hill on reaction to the refusal of the Supreme Court to enjoin the Texas abortion law. The Texas law is not even the greatest threat to Roe. In this self-described chaos, Democratic leaders moved to renew efforts to pack the court with a liberal majority, end the filibuster and federalize abortion laws.

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Laws Court Litigation Litigating 40

JonathanTurley

NOVEMBER 12, 2023

Moreover, Hunter has tried a wide array of approaches to these allegations of influence peddling, from a plea for sympathy to threats of litigation. Thus far, he has received every break from federal prosecutors, from expired statutes of limitations to reported tip-offs on investigators’ interviews. That may now change.

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Constitutional Law Reporter

JANUARY 25, 2024

Individuals are sometimes removed from the No Fly List during ongoing litigation about their placement on that list. ” Paragraph (1) of section 1229(a) requires a single notice document that contains all the information specified in the statute, including the “time and place” of proceedings. In Siegel v. I, § 8, Cl.

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Immigration Government Court Manufacturing 52

SCOTUSBlog

MARCH 21, 2022

The state’s legislature passed the voter-ID law at the center of the case in December 2018. The law requires voters to provide photo identification to cast a ballot and instructs county election boards to provide ID cards at no cost to voters. The attorney general is defending the law and arguing that it is constitutional.

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Attorney Litigation Litigating Laws 76

JonathanTurley

MARCH 20, 2021

We recently discussed the case of University of North Carolina law student Sagar Sharma, a student of color, who faced a recall election as the first-year class co-president. The charges are connected to the prior controversy and raise serious free speech and retaliatory concerns at the law school. . First is SBA By-Law 11.2

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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.

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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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JonathanTurley

DECEMBER 21, 2020

Brandon Hasbrouck is an assistant professor at Washington and Lee University School of Law, has written an article in The Nation calling for a new form of reparations based on voting. Ironically, the proposals would upend decades of civil rights litigation to defend the “one man, one vote” principle. t is ours, too.

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Laws Government Law School Statute 42

JonathanTurley

DECEMBER 10, 2022

One of the critical factors in the litigation was Bostock v. But the Court cautioned that it was not “prejudg[ing]” whether its “decision will sweep beyond Title VII to other federal or state laws that prohibit sex discrimination.” The Eighth Circuit rejected the appeal. Clayton County, 140 S.

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Court Statute Litigation Litigating 43

JonathanTurley

JANUARY 27, 2023

I have a forthcoming law review article on free speech protections for the speech involved in this and similar cases around the country : “The Unfinished Masterpiece: Speech Compulsion and the Evolving Jurisprudence over Religious Speech” (forthcoming 2023). Smith’s case has long been a focus for some of us. 2023COA8 (Colo.

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Court Statute Litigation Litigating 39

Conflict of Laws

MAY 31, 2021

Jurisdiction is a fundamental aspect of Nigerian procedural law. 1] The concept of jurisdiction in Nigerian conflict of laws (often called “territorial jurisdiction” by many Nigerian judges) is the most confusing aspect of Nigerian conflict of laws. 6] This is wrong.

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Contract Cause of Action Court Laws 98

JonathanTurley

OCTOBER 18, 2021

Penal Law § 400.00(2)(f) Lower courts have upheld the New York law, but there are ample constitutional concerns over its vague standard, such as showing that you are “of good moral character.” Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University.

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SCOTUSBlog

DECEMBER 31, 2022

From legendary lawyers to lesser-known activists, journalists, and plaintiffs, the following individuals who died in 2022 all shaped the court and the law in their own ways. In 1973, Beckwith was a recent graduate of law school and was working as a political reporter for TIME magazine. Read past years’ remembrances: 2021 , 2020.

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Court Lawyer Lawyers Law School 82

JonathanTurley

JUNE 11, 2021

Here is the column: When Joe Biden nominated Merrick Garland to be attorney general, many — including me — heralded Garland as an honorable, apolitical judge who would follow the law. Garland has indeed followed the law, but some are not thrilled by where it has taken him.

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Legal Legal Attorney Laws 56

JonathanTurley

DECEMBER 7, 2020

From bribery statutes to constitutional provisions, legal experts routinely and unfailingly conclude that Trump or his family can be prosecuted or impeached for an endless array of misdeeds. One of the longest standing debates in constitutional law is dismissed as ill-informed by some of the same experts.

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Criminal Law Depose Constitutional Law Misdemeanor 32

JonathanTurley

DECEMBER 19, 2021

Below is my column in the Hill on New York’s latest gun control measure — and the latest challenge to a New York law. The gun nuisance law is the latest in a long line of mistakes by New York. An example is the recent New York public nuisance law seeking to make gun manufacturers liable for gun crime.

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Manufacturing Laws Litigation Litigating 28

JonathanTurley

MARCH 25, 2022

It was clear from the outset that Jackson would not discuss her judicial philosophy on interpreting the Constitution or statutes — the very issue Democratic senators cited in voting against Barrett in 2020. Other questions, however, were related to the Court or her own approach to the law. Tom Cotton (R-Ark.)

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Court Legal Legal Statute 56

JonathanTurley

OCTOBER 25, 2021

Those arguments are based on both the constitutional protection of religious values but also laws like Title VII of the Civil Rights Act, 42 U.S.C. The issue reached the Supreme Court this week when health workers challenged a similar law in Maine allowing for medical but not religious exemptions.

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