Constitutional Law Reporter

AUGUST 28, 2023

Supreme Court upheld the constitutionality of state laws requiring corporations operating within their borders to consent to personal jurisdiction when they register to do business in those states. According to the Court, such laws do not offend the Constitution’s Due Process Clause. Norfolk Southern Railway Co. ,

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JURIST

MAY 16, 2022

Under § 2255, federal inmates can collaterally challenge their convictions on any ground cognizable on collateral review, with successive attacks limited to certain claims indicating “factual innocence” or relying on “constitutional law decisions made retroactive” by the Supreme Court. Cochran is.

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Constitutional Law Reporter

SEPTEMBER 8, 2023

Supreme Court upheld a federal law that criminalizes “encouraging or inducing” an immigrant to come or remain in the United States unlawfully. According to the Court, the law does not run afoul of the First Amendment. In United States v. Hansen , 599 U.S. _ (2023), the U.S. Justice Amy Coney Barrett wrote on behalf of the majority.

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Constitutional Law Reporter

FEBRUARY 28, 2024

Given that the United States, as a sovereign, is generally immune from suits seeking money damages unless Congress chooses to waive that immunity, the Court’s “clear statement” rule allows a suit against the government only when “the language of the statute” is “unmistakably clear” in allowing it.

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Constitutional Law Reporter

APRIL 2, 2024

The issue before the Court is whether Idaho’s strict abortion law is preempted by the Emergency Medical Treatment and Labor Act (EMTALA) in situations where an abortion is necessary stabilizing treatment for an emergency medical condition. The post SCOTUS to Take Up Abortion Again in April appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

JUNE 1, 2023

According to the Court majority, when a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations for a 42 U.S.C. In 2014, Reed filed a motion in Texas state court under Texas’s post-conviction DNA testing law. The District Court dismissed Reed’s complaint.

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Constitutional Law Reporter

DECEMBER 6, 2023

In the wake of the country’s most recent mass shooting, the justices considered a case that could overturn a federal gun law. Rahimi, challenges a federal law prohibiting the possession of a firearm by anyone who is the subject of a domestic violence restraining order. The case, United States v. Bruen , 597 U.S. _ (2022). 1681 et seq.,

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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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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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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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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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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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Constitutional Law Reporter

FEBRUARY 8, 2024

The Court’s Chevron decision established a bedrock principle of administrative law. Under Chevron , 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. Natural Resources Defense Council , 467 U.S.

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SCOTUSBlog

JUNE 23, 2023

Hendrix turns on the interpretation of the federal habeas statute, as amended by the Anti-Terrorism and Effective Death Penalty Act of 1996. The statute replaced the habeas remedy with the motion to vacate, unless the “remedy by motion is inadequate or ineffective to test the legality of [the prisoner’s] detention.”

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Constitutional Law Reporter

APRIL 4, 2023

The statute imposes a maximum $10,000 penalty for nonwillful violations of the law. Meanwhile, Section 5314 provides that a violation occurs “when an individual fails to file a report consistent with the statute’s commands.” As Justice Gorsuch noted in the majority opinion, the statute lacks any account-specific language.

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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

DECEMBER 27, 2021

However, in defending its controversial abortion law, the State of Mississippi has asked the Court to overturn its prior decisions in Roe v. Board of Education, in which the Court overruled precedent and established new constitutional law. The i ssue in Dobbs v. Wade and Planned Parenthood v. 1395l(t)(12).”. .:

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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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Constitutional Law Reporter

APRIL 18, 2023

The first clause focuses on “remedies” and sets forth this general rule: “Nothing [in IDEA] shall be construed to restrict” the ability to seek “remedies” under “other Federal laws protecting the rights of children with disabilities.” The Court ultimately concluded that Perez’s interpretation better comported with the statute’s terms. “The

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Constitutional Law Reporter

DECEMBER 16, 2022

Supreme Court recently agreed to consider a case that is expected to define the scope of federal identity theft law. The appeals court found that the “plain meaning” of the word “use” is “to employ for the accomplishment of some purpose” or “ ‘to avail oneself of,” (quoting Black’s Law Dictionary 1776 (10th ed. Facts of the Case.

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Constitutional Law Reporter

DECEMBER 4, 2023

Rahimi, will decide whether a federal law banning the possession of guns by individuals who are subject to domestic violence restraining orders is constitutional. 922(g)(8), a specific statute that does so, is constitutional under the Second Amendment of the United States Constitution. The case, United States v.

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Constitutional Law Reporter

JANUARY 3, 2022

However, in defending its controversial abortion law, the State of Mississippi has asked the Court to overturn its prior decisions in Roe v. Board of Education, in which the Court overruled precedent and established new constitutional law. The i ssue in Dobbs v. Wade and Planned Parenthood v. 1395l(t)(12).”. .:

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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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JonathanTurley

JUNE 7, 2023

At issue was the federal “felon-in-possession” law—18 U.S.C. § The federal law makes it “unlawful for any person. When his wife recently bought him a deer-hunting rifle, he learned that he was barred under federal law. It also is an appeal that would be made by the United States over the invalidation of a federal statute.

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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. Please check back for updates.

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Constitutional Law Reporter

FEBRUARY 16, 2023

89 (1990), while the Court presumes that federal statutes of limitations are subject to equitable tolling, this presumption may be rebutted if equitable tolling is inconsistent with the statutory scheme. The post SCOTUS Issues First Opinion of the Term appeared first on Constitutional Law Reporter.

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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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SCOTUSBlog

OCTOBER 28, 2022

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. Presuming John in a law-abiding citizen, will John nonetheless be late? But the problem is the law, not the car.

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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. Supreme Court returned to the bench on October 2, 2023. Please check back for updates.

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Constitutional Law Reporter

APRIL 11, 2023

MoneyGram applied the common-law escheatment practices outlined in Texas v. Multiple States, including Pennsylvania and Wisconsin, argue that the common law does not apply because the abandoned proceeds of the Disputed Instruments are governed by the Disposition of Abandoned Money Orders and Traveler’s Checks Act. New Jersey , 379 U.S.

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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.

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Constitutional Law Reporter

DECEMBER 9, 2022

Gonzalez , which involves the scope of Section 230 of the Communications and Decency Act of 1996 , a statute that predates the rise of platforms like Twitter, Google, and YouTube. The post SCOTUS Agrees to Hear Case With Potential to Reshape Internet appeared first on Constitutional Law Reporter.

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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

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

JUNE 3, 2022

Despite that agreement, Morgan filed a nationwide collective action asserting that Sundance had violated federal law regarding overtime payment. The prejudice requirement is not a feature of federal waiver law generally, but unique to arbitration. Erdman Co. Phoenix Land & Acquisition, LLC , 650 F. 3d 1115 (CA8 2011).

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Constitutional Law Reporter

JULY 19, 2023

18–3–602(1)(c), a Colorado statute making it unlawful to “[r]epeatedly. Following Colorado law, the trial court rejected that argument under an objective standard, finding that a reasonable person would consider the messages threatening. Counterman’s messages put C.W. in fear and upended her daily existence: C.W.

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Constitutional Law Reporter

MAY 30, 2023

In such actions where the Commission elects to institute administrative proceedings to address statutory violations, it typically delegates the initial adjudication to an Administrative Law Judge (ALJ) with authority to resolve motions, hold a hearing, and then issue a decision. Saul , 593 U.S.

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