Constitutional Law Reporter

JUNE 4, 2021

In her opinion, Justice Sotomayor explained that administrative review schemes commonly require parties to give the agency an opportunity to address an issue before seeking judicial review of that question, noting that such administrative issue-exhaustion requirements are typically creatures of statute or regulation. Citing Sims v.

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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

The post Andy Warhol Art Headlines Busy Week for Supreme Court appeared first on Constitutional Law Reporter. Goertz : The case will determine whether a death row inmate missed the deadline for seeking DNA testing of crime-scene evidence in a civil rights action under 42 U.S.C.§

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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

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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JonathanTurley

JULY 12, 2021

After a slew of lawsuits against the gun industry on a variety of different claims, Congress passed the Protection of Lawful Commerce in Arms Act of 2005, giving gun sellers and manufacturers immunity from liability arising out of the criminal misuse of firearms. It failed on both grounds in 2013 before the U.S. In City of New York v.

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JonathanTurley

APRIL 1, 2023

Section 2 of the Statute makes it “an offense for a person to perform adult cabaret entertainment,” either “(A) On public property; or (B) in a location where the adult cabaret entertainment could be viewed by a person who is not an adult.” Judge Parker was correct to enjoin the law pending further review.

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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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Patently O

SEPTEMBER 26, 2022

315(e)(2) extend to all grounds that reasonably could have been raised in the IPR petition filed, even though the text of the statute applies estoppel only to grounds that “reasonably could have [been] raised during that inter partes review.” Famed professor of constitutional law Erwin Chemerinsky (Berkeley) filed the petition.

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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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Broadcast Law Blog

JUNE 22, 2017

The PTO also stated that it was bound by a 1981 precedent issued by the United States Court of Appeals for the Federal Circuit, holding that the statute was constitutional. The Court recognized that the case involved two “notoriously tricky” (and potentially conflicting) issues of constitutional law.”. Impact of Decision.

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Conflict of Laws

MAY 31, 2021

I label this approach as “strict” because my understanding of the Nigerian Supreme Court decisions on this point is that based on constitutional law a Nigerian court is confined to matters that arose within its territory, so that one State High Court cannot assume jurisdiction over a matter that occurs within another territory.

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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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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.

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JonathanTurley

JANUARY 5, 2024

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. .” Of course, these companies are not transporting people to make them a public charge.

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Constitutional Law Reporter

JANUARY 10, 2022

8 violates the Constitution. 123 (1908), recognized a narrow exception allowing an action to prevent state officials from enforcing state laws that are contrary to federal law, the traditional exception does not normally permit federal courts to issue injunctions against state-court judges or clerks.

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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. The Constitution affords federal courts considerable power, but it does not establish ‘government by lawsuit,’” Gorsuch wrote. 1231(a)(2) ).

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JonathanTurley

MARCH 20, 2021

Indeed, to use a litigation term, his opponent could be viewed as “opening the door” to such rebuttal by raising the theme of unity in the aftermath of the controversy when Sharma believes that she helped fuel of a campaign of disunity. General Construction Co. , 269 U.S. General Construction Co. , 269 U.S.

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JonathanTurley

OCTOBER 18, 2021

Those politicians publicly thumped their chests about going to the Supreme Court with the law and limiting the Second Amendment precedent; professing absolute confidence, they litigated the law, and, again, the 2nd Circuit supported the dubious statute.

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JonathanTurley

JANUARY 27, 2023

The court used the same rationale of the cakes design to deny Phillips religious claims: “We also reject Masterpiece and Phillips’ argument that the statute punishes them for exercising their religious beliefs because CADA is “applie[d] through the Commission’s purported use of an ‘offensiveness rule.’” Here is the decision: Scardina v.

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JonathanTurley

OCTOBER 25, 2021

That, however, is precisely what these litigants are seeking to raise. The categorical rejection of any religious-exemption case runs against the grain of the Constitution as well as federal statutes. States like Maine and New York offer no recognition, let alone accommodation, for religious objections to the Covid vaccine.

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JonathanTurley

JANUARY 14, 2024

” Judge Mizelle noted that the law stands in conflict with the Bruen decision. Under this criminal statute, with the proliferation of the federal government comes the diminution of the People’s right to bear arms. 18 U.S.C. § 18 U.S.C. §

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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.” The post Supreme Court Sides with FBI in State Secrets Privilege Case appeared first on Constitutional Law Reporter.

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SCOTUSBlog

DECEMBER 31, 2022

During an illustrious career as a constitutional law scholar and a top Supreme Court advocate, Walter Dellinger argued 24 times before the court, including in some of the biggest cases of the past 30 years. And in 1981, she wrote one of the first law-review articles on domestic violence. Walter Dellinger (May 15, 1941 – Feb.

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JonathanTurley

DECEMBER 10, 2022

One of the critical factors in the litigation was Bostock v. Because RFRA operates as a kind of super statute, displacing the normal operation of other federal laws,” the Court explained, “it might supersede Title VII’s commands in appropriate cases.” The Eighth Circuit rejected the appeal. Clayton County, 140 S.

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JonathanTurley

DECEMBER 19, 2021

At its passage, New York officials pounded their chests and promised they were certain of the constitutionality of the law and would litigate it all the way to the Supreme Court. New York leaders had forced costly litigation only to pull the law at the last minute to avoid a likely finding of unconstitutionality.

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JonathanTurley

JUNE 9, 2023

Newsom cited the kidnapping statute but apparently failed to read it or the underlying cases. While civil litigation is ongoing, the supposedly clear criminal charges have not been brought by Democratic prosecutors clearly motivated to do so. The reason is that these claims are made for cable news, not courts of law.

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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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JonathanTurley

DECEMBER 31, 2022

On the Title IX issue, the court held that the statute allows schools to provide separate bathrooms on the basis of biological sex. That is exactly what the School Board has done in this case; it has provided separate bathrooms for each of the biological sexes.

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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. When asked about her judicial philosophy, Jackson responded with a discussion of her “judicial methodology.” Jackson told Sen.

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JonathanTurley

MARCH 21, 2022

While there are a couple of longer trial decisions, most of Jackson’s record does not clearly establish her interpretative approach to the Constitution or statutes. There are many things I like about Judge Jackson, including her litigation experience, service as a public defender, and years on the trial court.

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ClimateChange-ClimateLaw

AUGUST 4, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. By Margaret Barry and Korey Silverman-Roati. and non-U.S. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 148.

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JonathanTurley

JUNE 11, 2021

While I disagree with the treatment of any such statements as part of a president’s official duties, I stated at the time that there was support for the position in the governing federal statute and case law. The Biden administration is not reluctant to change positions in litigation when it disagrees with the prior administration.

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JonathanTurley

SEPTEMBER 6, 2021

Not only is there a pending case on the docket of the Court that has long been viewed as a serious threat to Roe , but the White House and the House of Representatives are threatening immediate actions that could also create new challenges for pro-choice litigants. When the court voted for pro-choice litigants, it was deemed “balanced.”

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JonathanTurley

DECEMBER 21, 2020

Featured prominently on the law school’s website , the article pushes a similar proposal made in the Washington Post in 2015 by Theodore Johnson, a senior fellow at the Brennan Center for Justice. Ironically, the proposals would upend decades of civil rights litigation to defend the “one man, one vote” principle.

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JonathanTurley

MAY 11, 2024

District Judge James Peterson ruled against the lawsuit brought by the Elias Law Group, arguing that the witness requirement violated the Voting Rights Act of 1965 and Civil Rights Act of 1964. The state statute under § 6.87(2) The statute first sets forth in two sentences what the voter must certify on the ballot envelope.

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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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