Constitutional Law Reporter

OCTOBER 4, 2022

In the 2003 decision, the Court held 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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SCOTUSBlog

APRIL 8, 2022

Justice Samuel Alito, joined by Justices Clarence Thomas and Neil Gorsuch, dissented , calling the independent-state-legislature theory “an exceptionally important and recurring question of constitutional law” and indicating that “further review of the judgment below may be warranted once a petition for a writ of certiorari is filed.”

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JonathanTurley

MARCH 1, 2024

The most recent example is the interview of University of Michigan Law Professor and MSNBC legal analyst Barbara McQuade by Rachel Maddow. McQuade captures the theoretical divide over free speech, though she is clearly voicing a view that is increasingly popular among law professors.

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JonathanTurley

JULY 20, 2022

University of Michigan football head coach Jim Harbaugh is facing calls for his termination after he went public with his pro-life views. ” Others called for Harbaugh to be fired for holding a pro-life view shared by millions of citizens; F**k Jim Harbaugh, may the University of Michigan 86 him before his contract goes full-term.”

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JonathanTurley

JULY 2, 2023

Bollinger, the Court upheld Michigan’s use of race but then-Justice Sandra Day O’Connor cautioned that the court “expects that 25 years from now, the use of racial preferences will no longer be necessary to further the interest approved today.” In the 2003 decision in Grutter v.

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JonathanTurley

OCTOBER 31, 2022

Back then, the justices considered two different admissions programs at the University of Michigan. In Grutter, the court voted 5-4 to uphold the UM law school’s admissions system that evaluated applicants based on individual merit but used race as a “plus factor.” In Gratz v. You can find his updates on Twitter @JonathanTurley.

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JonathanTurley

JULY 24, 2021

However, Trask was also key to the arrest of men in the alleged plot to kidnap Michigan Gov. In the Michigan case, six men are charged with a conspiracy that involved kidnapping Whitmer but news outlets like BuzzFeed News have raised serious concerns over how much of the conspiracy was directed and facilitated by the FBI. .

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Constitutional Law Reporter

MARCH 9, 2021

The FCTA allows a plaintiff to bring certain state-law tort claims against the United States for torts committed by federal employees acting within the scope of their employment, provided that the plaintiff alleges six statutory elements of an actionable claim. . § 2676 and precluded him from raising separate claims under Bivens v.

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JonathanTurley

JUNE 22, 2021

Please review this event’s stated admission policy as we feel this event is violating Seattle, King County, State and Federal equality laws.” The city anti-discrimination laws cover all public accommodations and prohibit discrimination based on race. ” In 2014, the Court ruled 6-2 in Schuette v.

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SCOTUSBlog

APRIL 9, 2021

The announcement fulfilled a campaign promise by the president, who last fall proposed the idea of a commission after he declined to endorse efforts by liberals to expand the Supreme Court – efforts that Justice Stephen Breyer criticized in a speech on Tuesday at Harvard Law School. Cardozo School of Law. Guy-Uriel E.

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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. Likewise, the Sixth Circuit Court of Appeals this month affirmed such a preliminary injunction against Western Michigan University.

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JonathanTurley

APRIL 4, 2023

Western Michigan University Music professor Daniel Mattson prides himself on being a “world-class trombonist.” He says that he had a promising and successful academic career when he was a gay faculty member. However, he alleges that changed when he found religion and declared that he was no longer gay.

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JonathanTurley

MARCH 17, 2021

The litigation over the 2020 election seem to be continuing with a ruling this week from Michigan Court of Claims Chief Judge Christopher Murray that Secretary of State Jocelyn Benson (D) broke state law in issuing new rules on absentee balloting before the 2020 election. 20-216-MM in the Court of Claims for the State of Michigan.

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JonathanTurley

JUNE 30, 2023

Bollinger, then-Justice Sandra Day O’Connor supplied the fifth vote to uphold the use of race by the University of Michigan. It is a continuation of his prior declarations that members of Congress opposing his election reforms to block state laws are voting with “ Jefferson Davis ” and the Confederacy.

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JonathanTurley

NOVEMBER 15, 2023

Yesterday, a Michigan judge was the latest to dismiss the effort to prevent voters from being able to vote for Trump. Judge Redford also rejected the effort of Michigan Secretary of State Jocelyn Benson (D) under state law to remove candidates from the ballot based on that provision.

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JonathanTurley

JANUARY 25, 2024

Courts in ultra liberal states like Massachusetts and Michigan have ruled against disqualification. That leaves Colorado where, on a court entirely composed of Democratically appointed justices, advocates could only secure a 4-3 ruling with a vigorous dissent.

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JonathanTurley

JUNE 8, 2021

We also recently discussed the firing of a Michigan coach who expressed support for President Trump. We previously discussed the Vermont principal who was removed for expressing her opinion of Black Lives Matter on her personal Facebook page. However, this did not begin with the recent protests.

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JonathanTurley

SEPTEMBER 2, 2021

Wade after the Supreme Court refused to enjoin a Texas anti-abortion law in an emergency filing. At issue is a Texas law that would effectively gut Roe v. Casey , laws were routinely struck down if they barred abortions “viability” round 24 weeks of pregnancy. Any challenge to the law could be expedited on appeal.

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JonathanTurley

OCTOBER 6, 2023

Likewise, a study by Georgetown University’s Kevin Tobia and MIT’s Eric Martinez found that only nine percent of law school professors identify as conservative at the top 50 law schools. Public universities must protect free speech as a matter of law. identified as “conservative,” and only 0.4% as “very conservative.”

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JonathanTurley

DECEMBER 29, 2023

So here is the list to see if you are residing in an anti-free speech state: Arizona Colorado Connecticut Delaware Hawaii Illinois Maine Maryland Massachusetts Michigan Minnesota Nevada New Jersey New Mexico, New York Oregon Pennsylvania Rhode Island Vermont Washington Wisconsin District of Columbia Here is the brief: Missouri v.

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JonathanTurley

JANUARY 27, 2022

To quote Ginsburg, with three justices previously voting against such race-based criteria and the three Trump appointees, “that’s about as solid as you can get” for a major reframing of the controlling case law. Bollinger , the Court divided 5-4 on upholding admissions criteria used to achieve “diversity” in a class at Michigan Law School.

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JonathanTurley

APRIL 1, 2021

It is similar to a ruling rejecting orders by Michigan Gov. The dissenting justice adopted the most convoluted and artificial construct to ignore the plain meaning of the controlling state law. The 2002 model law was controversial due to the unilateral authority given to governors. Gretchen Whitmer. We conclude he did not.”

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JonathanTurley

JULY 18, 2022

In the law, the adjustment can take years, as collateral doctrines and applications shake out along new fault lines. Wade as federal law.” That last line may give Texas and other states the strongest claims for legal standing to challenge the law. Michigan Gov. Jackson Women’s Health Organization.

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JonathanTurley

APRIL 12, 2022

It appears, however, that Eve’s defense had greater success in Michigan this week after a jury failed to convict a single member of the alleged conspiracy to kidnap and execute Gov. That collapse is now complete after a Michigan jury acquitted two of the four men tried for the conspiracy and then hung on the other two.

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JonathanTurley

NOVEMBER 22, 2022

Previously, MSNBC legal analyst and Michigan Law Professor Barbara McQuade told MSNBC viewers that Trump could be charged with manslaughter for his role in the January 6 Capitol riot. Moreover, arguing that these speakers induced violence under another form of tort liability would be quickly rejected under the First Amendment.

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JonathanTurley

NOVEMBER 19, 2020

Article 12 of the Michigan Constitution parallels the language of the federal constitution with a slight difference: The house of representatives shall have the sole power of impeaching civil officers for corrupt conduct in office, or for crimes or misdemeanors; but a majority of the members elected shall be necessary to direct an impeachment. .”

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JonathanTurley

FEBRUARY 27, 2023

Ohio, a 1969 case involving “violent speech,” the court struck down an Ohio law prohibiting public speech that was deemed as promoting illegal conduct. granted a preliminary injunction on the basis that “the Hateful Conduct Law” is blatantly unconstitutional, which it most certainly is. Law § 394-ccc(1)(a)]. Likewise, in RAV v.

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JonathanTurley

JULY 7, 2022

Now a Harvard poll reaffirms earlier polling that shows most Americans embrace views closer to Mississippi than Michigan on abortion. Indeed, while Democratic leaders denounced the Mississippi law setting a 15-week limit on abortion, 72 percent of those polled support that limit. A poll conducted after the U.S.

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JonathanTurley

NOVEMBER 24, 2023

This month, the Coolidge Reagan Foundation has called upon the Michigan bar to investigate and sanction Rep. Backer insists that Tlaib “clearly violated” the Michigan bar’s ethics code due to her inflammatory remarks. Rashida Tlaib, D-Mich., over her comments on Gaza and Israel.

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JonathanTurley

SEPTEMBER 8, 2023

Above the Law senior editor Joe Patrice defended “predominantly liberal faculties” in a column arguing that hiring a conservative academic was akin to allowing a believer in geocentrism — that the sun orbits the earth — to teach at a university. Public universities must protect free speech as a matter of law.

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JonathanTurley

JUNE 29, 2022

In an unanimous 6-0 ruling, the Michigan Supreme Court held that her office committed a fatal and inexplicable error in prosecuting nine officials for the Flint water crisis, including former Gov. Over six years ago, I wrote earlier about misgivings over the prosecutions but Nessel’s office created new challenges for the prosecution.

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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. the outcomes in Georgia, Michigan, Wisconsin, and Pennsylvania were worryingly close.”. ” McCulloch v.

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JonathanTurley

MARCH 28, 2023

A professor at Wayne State University in Detroit, Michigan, has been suspended after posting threatening statements on social media posts that suggested that people would be justified in killing speakers who hold opposing views on issues like transgender policies. Wayne State University President M.

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JonathanTurley

OCTOBER 3, 2022

Bollinger , the court divided 5-4 on upholding race admissions criteria used to achieve “diversity” in a class at Michigan Law School. (On On the same day, the court ruled 6-3 to declare Michigan’s undergraduate admissions unconstitutional in the use of race in Gratz v. In 2003, in Grutter v. Bollinger.).

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JonathanTurley

JUNE 27, 2022

That world is already taking shape with states crafting their laws reflecting the values of their citizens from Colorado passing a law protecting the right to abortion up to the moment of birth to Louisiana banning all abortions except in limited circumstances. Below is my Hill column on what to expect in a post-Roe world.

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JonathanTurley

JANUARY 3, 2024

justices as being, in the words of law professor Cass Sunstein, “ illegitimate, undemocratic, and unprincipled.” Colorado and, now, Maine remain outliers after the Michigan Supreme Court rejected another disqualification effort in that state. Wade while upholding more stringent state abortion laws.

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JonathanTurley

NOVEMBER 21, 2020

Now, the Michigan Attorney General and others are suggesting that Republicans who oppose certification or even meet with President Donald Trump on the issue could be criminally investigated or charged. On Friday afternoon, leaders of Michigan’s Republican-controlled state legislature met with Trump in the White House at his invitation.

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