Constitutional Law Reporter

JUNE 3, 2022

Then—nearly eight months after Morgan filed the lawsuit— Sundance moved to stay the litigation and compel arbitration under the FAA. In response, Morgan argued that Sundance had waived its right to arbitrate by litigating for so long. But a court may not devise novel rules to favor arbitration over litigation.”. “If

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Constitutional Law Reporter

OCTOBER 18, 2023

In the Texas litigation, a divided panel of the Fifth Circuit Court of Appeals reversed a preliminary injunction. The post Supreme Court to Consider Constitutionality of State Social Media Laws appeared first on Constitutional Law Reporter. 7072 was motivated by viewpoint discrimination. Please check back for updates.

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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. The post Supreme Court Hears Challenge to EPA’s Good Neighbor Rule appeared first on Constitutional Law Reporter. 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

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. Although the litigation by that time had proceeded for years, that factor is not dispositive.

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JURIST

JANUARY 18, 2021

It is typically conducted by the Bar Council twice a year to test the candidates’ knowledge on various substantive and procedural la w such as constitutional law, administrative law, the Indian Penal Code, criminal and civil procedure, evidence, public interest litigation, and professional ethics.

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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. Justice Amy Coney Barrett wrote on behalf of the Court.

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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

MAY 1, 2023

In reaching its decision, the Court noted the important distinction between “the classes of cases a court may entertain (subject-matter jurisdiction)” and “nonjurisdictional claim-processing rules, which seek to promote the orderly progress of litigation by requiring that the parties take certain procedural steps at certain specified times.”

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Constitutional Law Reporter

NOVEMBER 2, 2022

The post Andy Warhol Art Headlines Busy Week for Supreme Court appeared first on Constitutional Law Reporter. Decisions in all of the cases are expected before the Court’s term concludes in June 2023.

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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. EMW Women’s Surgical Center, P.S.C.: Please check back for updates as they justices hear oral arguments.

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Constitutional Law Reporter

MARCH 10, 2022

Litigation about the Rule ensued, and the Supreme Court granted review of the Second Circuit’s opinion. The post SCOTUS Kicks Off February Sitting With Oral Arguments in Three Cases appeared first on Constitutional Law Reporter. New York , No. 20- 449 (U.S.

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Constitutional Law Reporter

FEBRUARY 23, 2021

Accordingly, the Court interpreted the FSIA as it does other statutes affecting international relations: to avoid, where possible, “producing friction in our relations with [other] nations and leading some to reciprocate by granting their courts permission to embroil the United States in expensive and difficult litigation.”

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Constitutional Law Reporter

JUNE 4, 2021

“As such, it is sometimes appropriate for courts to entertain constitutional challenges to statutes or other agency-wide policies even when those challenges were not raised in ad- ministrative proceedings.”. It makes little sense to require litigants to present claims to adjudicators who are powerless to grant the relief requested.

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JonathanTurley

OCTOBER 31, 2021

Three University of Florida political science professors have told a federal court that the university barred them from assisting plaintiffs in a challenge to the state’s new voting laws. As state employees, they were told that litigating against a state law would be “adverse to U.F.’s ’s interests.”

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JonathanTurley

JULY 12, 2021

Even if the law passes constitutional review, there remains its ambiguous standard. For decades, states and cities have tried to curtail gun sales through nuisance litigation; they have uniformly failed because the effort is transparently an effort to achieve gun control through litigation.

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Constitutional Law Reporter

APRIL 8, 2021

Exemption 5 incorporates the privileges available to Government agencies in civil litigation, such as the deliberative process privilege, attorney-client privilege, and attorney work-product privilege. The post SCOTUS Rules FOIA Exception Applies to Environmental Opinion appeared first on Constitutional Law Reporter.

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JonathanTurley

FEBRUARY 14, 2023

The Justice Department has maintained this broader definition in prior litigation declared in 2021 that Pence was shielded by the “speech or debate” clause in a civil lawsuit. It is not clear why Smith would invite such litigation, which could take years to hash out in the courts.

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Constitutional Law Reporter

MAY 3, 2022

The Court first rejected the prison officials’ threshold contention that Ramirez couldn’t succeed on his claims because he failed to exhaust all available remedies before filing suit as mandated by the Prison Litigation Reform Act of 1995. According to the Court, Ramirez properly exhausted his administrative remedies.

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JonathanTurley

APRIL 1, 2023

Judge Parker was correct to enjoin the law pending further review. It is likely that the law will be declared unconstitutional unless the legislature seeks amend the law and declare the litigation moot. Here is the order: 03-31-2023-Order-Granting-TRO

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JURIST

MAY 27, 2022

The Supreme Court of Canada Friday unanimously ruled that a life sentence without any chance of parole is unconstitutional under Section 12 of the nation’s charter. In Canada, anyone serving a life sentence for first-degree murder is automatically ineligible for parole for 25 years.

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SCOTUSBlog

JUNE 29, 2022

Esther Sanchez-Gomez is the senior litigation attorney with Giffords Law Center. Not once does he make reference to the person being confronted or, importantly, the circumstances that would make killing — yes, killing a person — in such a confrontation lawful.

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SCOTUSBlog

OCTOBER 10, 2022

Brian Frazelle of the Constitutional Accountability Center, which filed a brief on behalf of constitutional law professors , said that the challengers are seeking a “dramatic expansion” of the law that would call many other kinds of laws into question.

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JonathanTurley

APRIL 1, 2021

Today, I will be speaking to lawyers and law students in Utah on the history of impeachment. The event is organized by the Utah State Bar litigation section in conjunction with the University of Utah and Brigham Young University law schools.

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JonathanTurley

JUNE 23, 2022

Many of us were predicting a major loss for over a year and New York, as usual, litigated a bad case and made more bad law for gun control advocates. Kathy Hochul immediately declared “Shocking, absolutely shocking that they have taken away our right to have reasonable restrictions.” Hochul added “This is New York.

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Paralegal Bootcamp

DECEMBER 9, 2022

Ann spent 20 years working as a paralegal manager and a litigation paralegal before opening the Paralegal Boot Camp in 2010. This means that almost anyone can call themselves a paralegal as there is no set requirement to earn that title. Ann Pearson is the Founder of the Paralegal Boot Camp, and host of the Paralegals on Fire!

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SCOTUSBlog

JUNE 27, 2022

Bruen invokes the authority of history but presents a version of the past that is little more than an ideological fantasy, much of it invented by gun-rights advocates and their libertarian allies in the legal academy with the express purpose of bolstering litigation such as Bruen. June, 2022).

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JonathanTurley

JUNE 16, 2022

FIRE, therefore, could not have picked a more opportune time to announce that it will expand beyond education, stating that a $75 million initiative “will focus on three main areas of programming: litigation, public education, and research.”. Greg Lukianoff, president of FIRE, told Politico that FIRE so far has “raised $28.5

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JonathanTurley

OCTOBER 12, 2021

One of the briefs written in support of the district in the recent litigation was from constitutional scholars, including my colleague Alan B. Morrison, Lerner Family Associate Dean at George Washington Law School. I reached out to Professor Morrison to see if he would offer a response on the ruling and the underlying issues.

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LexForti

JUNE 4, 2021

The sheer origin of Jurisdiction can be claimed to draw its essence from Public International Law, Constitutional law, the conflict of laws and the powers stipulated in the legislative and executive branches of the government to allocate resources in order to adequately serve the needs of the society.

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JonathanTurley

MAY 14, 2022

If a justice does not believe that the right of abortion is well-founded in the Constitution, I do not believe that this principle should compel him or her to vote to preserve that erroneous precedent. Planned Parenthood of Se.

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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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SCOTUSBlog

NOVEMBER 2, 2022

Under Section 2255(h), a prisoner can bring a second or successive petition based only on facts that clearly demonstrate actual innocence or a new rule of constitutional law that the Supreme Court has made retroactive. There is no provision for new rules of statutory interpretation.

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JonathanTurley

MAY 31, 2021

President and Fellows of Harvard College , the litigants cite a study finding that Asian Americans needed SAT scores that were about 140 points higher than white students; the gap with admitted African American and Hispanic students is even greater. In Students for Fair Admissions v.

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JonathanTurley

MARCH 9, 2021

Nominal damages are enough to allow citizens to litigate the loss of free speech rights. Preczewski that “, it is undisputed that Uzuegbunam experienced a completed violation of his constitutional rights when respondents enforced their speech policies against him. The Supreme Court has now said enough.

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JonathanTurley

MARCH 10, 2023

One challenge in litigation could be based on standing. .” The Court fractured on the issue, but a plurality maintained that a “state or local subdivision … has the authority to eradicate the effects of private discrimination within its own legislative jurisdiction.

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JonathanTurley

DECEMBER 29, 2022

That was the case with the litigation over the false claims made against former Rep. contempt,’ and language used ‘in a loose, figurative sense’ have all been accorded constitutional protection.” .” Truth is always a defense to defamation since a published fact must be false as well as harmful.

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JonathanTurley

NOVEMBER 24, 2020

” Thus, the advantage in the litigation still rests with Beshear. However, the outcome could turn on whether Cameron (and litigant First Liberty) can force the review under the strict scrutiny standard as impinging the free exercise of religion.

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