SCOTUSBlog

SEPTEMBER 10, 2021

God Has No Place in Supreme Court Opinions (Linda Greenhouse, The New York Times). Some Not Very Focused Preliminary Thoughts About the Shadow Docket (But Leading Up to Some Fundamentals about Constitutional Law) (Mark Tushnet, Balkinization). Not Yet (Krishnadev Calamur & Nina Totenberg, NPR).

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Constitutional Law Reporter

DECEMBER 6, 2023

Rahimi, challenges a federal law prohibiting the possession of a firearm by anyone who is the subject of a domestic violence restraining order. While the Fifth Circuit initially upheld the statute, it reversed course following the Supreme Court’s decision in New York State Rifle & Pistol Association v.

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Patently O

AUGUST 11, 2022

The new hire then starts work the following summer. We’re not hiring in IP this year, but are looking to hire several candidates folks — primarily focusing on the areas of Criminal Law/Procedure; Evidence; Constitutional Law courses (including First Amendment); Contracts; Dispute Resolution; and Veterans benefits (clinic).

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JURIST

NOVEMBER 8, 2023

Rahimi , marks the first challenge to gun control measures since a case from last year imposed a new framework to assess whether firearm restrictions impede on an individual’s rights under the Second Amendment of the US Constitution.

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JonathanTurley

JUNE 23, 2022

As predicted , the Supreme Court handed down a momentous opinion in favor of Second Amendment rights today in New York State Rifle & Pistol Association, Inc. Penal Law § 400.00(2)(f) ” New York Gov. Hochul added “This is New York. 2)(f) that require a showing of “proper cause.”

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Constitutional Law Reporter

MAY 10, 2022

In 1852, the New York Tribune reported that the Supreme Court would rule in Pennsylvania v. Wade Articles on the Constitutional Law Reporter. Wade appeared first on Constitutional Law Reporter. There have been other notable breaches in Supreme Court history. Wheeling and Belmont Bridge Co.

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NewYorkCourtWatcher

JULY 6, 2020

Vullo, a New York appellate court rejected religious objections to paying for abortion coverage. The state's Appellate Division, Third Department, voted unanimously to deny the Albany Catholic Diocese, as well as other religious groups, an exemption from New York's.

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NewYorkCourtWatcher

NOVEMBER 26, 2020

(This is a brief detour to address significant decisions just rendered by the Supreme Court and New York State's Highest court.)One the sharpest contrast, another tribunal, New York's highest court, the Court of Appeals, seemed entirely. Perhaps, the Court even went overboard in doing so.By

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NewYorkCourtWatcher

JULY 1, 2023

Wilson, Opening RemarksSenate Confirmation Hearing, April 17, 2023 At Columbia Law SchoolIn previous posts in this series, we reviewed Rowan Wilson's eventual selection to sit on New York's highest court in 2016 by then-Governor Andrew Cuomo, and his nomination to be Chief Judge this past April by

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SCOTUSBlog

JUNE 27, 2023

In a solo dissent, Thomas criticized what he characterized as the majority’s “surprising and misplaced reliance on New York Times v. This article was originally published at Howe on the Court. The post Justices throw out Colorado man’s stalking conviction in First Amendment dispute appeared first on SCOTUSblog.

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JonathanTurley

JANUARY 5, 2024

New York City Major Eric Adams announced on Thursday that he is suing bus companies for over $700 million for busing undocumented persons to the state. It is a frivolous lawsuit based on an absurd law motivated by raw hypocrisy. New York City politicians have long heralded their status as a sanctuary city.

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JonathanTurley

NOVEMBER 2, 2021

New York State Rifle Association v. 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.” The case concerns concealed-carry restrictions under N.Y.

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JonathanTurley

JULY 12, 2021

Below is my column in the Hill newspaper on the declaration of a gun violence emergency by New York Gov. 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 has failed repeatedly in various states, including New York.

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NewYorkCourtWatcher

AUGUST 3, 2020

Smith Opinion We've previously discussed how New York's highest court, when deciding Catholic Charities v. The Supreme Court in Smith significantly reduced the 1st Amendment protection for religious liberty, and the New York court in Catholic Charities Smith as a backdrop.

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Constitutional Law Reporter

DECEMBER 4, 2023

Supreme Court decided New York State Rifle & Pistol Association v. Bruen , which held that “[w]hen the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct.” While that petition was pending, the U.S.

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JonathanTurley

JULY 14, 2023

I will be joined on the panel with a distinguished group of experts: Phil Kiko, Principal, Williams & Jensen; former Chief of Staff and General Counsel, House Judiciary Committee; former Chief Administrative Officer, House of Representatives Gene Schaerr, General Counsel, Project for Privacy and Surveillance Accountability Elizabeth Goitein, Senior (..)

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JonathanTurley

NOVEMBER 4, 2021

We have been discussing ( here and here and here ) the Supreme Court challenge in New York State Rifle & Pistol Association Inc. 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.”

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Constitutional Law Reporter

OCTOBER 18, 2021

New York: A litigant’s argumentation or introduction of evidence at trial is often deemed to “open the door” to the admission of responsive evidence that would otherwise be barred by the rules of evidence. The post Previewing the US Supreme Court’s October Sitting appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

MARCH 10, 2022

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

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SCOTUSBlog

JUNE 29, 2022

Share This article is part of a symposium on the court’s decision in New York State Rifle & Pistol Association v. Esther Sanchez-Gomez is the senior litigation attorney with Giffords Law Center. Thomas speaks passively — very much in the abstract — about the need for a handgun in case of “confrontation.”

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NewYorkCourtWatcher

JULY 12, 2020

Smith Opinion Before advancing to the New York decisions, it probably makes sense to first address the three rulings just handed down by the Supreme Court dealing with religion. More Aftermath of Scalia's Dreadful Oregon v.

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Constitutional Law Reporter

FEBRUARY 10, 2022

New York , 595 U. Both the New York Appellate Division and the Court of Appeals affirmed Hemphill’s conviction. The post <strong>Supreme Court Rejects “Door Opening Rule” Exception to Confrontation Clause</strong> appeared first on Constitutional Law Reporter. In Hemphill v.

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Constitutional Law Reporter

JUNE 5, 2023

New York State Liquor Authority , 476 U.S. Meanwhile, Justice Amy Coney Barrett concluded that the judgment should be affirmed because Pike balancing requires both the benefits and burdens of a State law to be judicially cognizable and comparable, but the benefits and burdens of Proposition 12 are incommensurable.

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JonathanTurley

NOVEMBER 26, 2020

Supreme Court delivered a surprising blow to pandemic restrictions on house of worship in a late night order barring the enforcement of New York Gov. If Ruth Bader Ginsburg was still on the Court, this would have gone 5-4 in favor of New York. Here is the order: ROMAN CATHOLIC DIOCESE OF BROOKLYN, NEW YORK v.

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Constitutional Law Reporter

MAY 13, 2022

In January 2014, petitioner Larry Thompson was living with his fiancée (now wife) and their newborn baby in an apartment in Brooklyn, New York. Thompson’s sister-in-law, who apparently suffered from a mental illness, called 911 to report that Thompson was sexually abusing the baby. Facts of the Case.

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SCOTUSBlog

APRIL 14, 2021

Ask any constitutional law student to name the most iconic Supreme Court decision, and they’ll probably answer Marbury v. Its rulings on free speech ( New York Times v. But enough with March Madness melodrama. This is the final round of the Big Dance, and it’s time to vote. Here’s the championship match-up.

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JonathanTurley

DECEMBER 6, 2023

In New York Times v. Hill , which held that a family suing Life Magazine for false light must shoulder the burden of the actual malice standard under New York Times v. In the defamation action, Armenta could claim that he falls under the lower standard for defamation actions.

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JonathanTurley

JULY 23, 2022

As various states move to pass controversial new gun control laws after the decision in New York State Rifle & Pistol Association v. Bruen, one such law was just enjoined by a federal court in Colorado. In Rocky Mountain Gun Owners v. Superior , District Judge Raymond P.

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JonathanTurley

OCTOBER 19, 2021

The law further states “The duty to notify a person or agency under this section is met if a person notifies or attempts to provide such notice by telephone or any other means as soon as reasonably possible.”. I am unaware of such a law in Pennsylvania, but these laws are rarely enforced. The charge was later dismissed.

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JonathanTurley

JUNE 4, 2022

New York has long been the source of major litigation over gun control. Now, New York has moved to ban anyone under age 21 from buying or possessing a semi-automatic rifle in response to the recent shootings at a supermarket in Buffalo.

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Constitutional Law Reporter

NOVEMBER 30, 2021

In New York State Rifle & Pistol Association Inc. Bruen, the Court considered the constitutionality of a New York gun law. Based on oral arguments, it appeared that a majority of the Court could be persuaded that the law runs afoul of the Second Amendment. The issues in United States v.

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SCOTUSBlog

JULY 28, 2022

Other recent examples of such issues from this term included New York State Rifle & Pistol Association v. Such politically charged cases only fuel the belief that ideologically driven (6-3) decisions with lengthy opinions and dissents could become the new normal alongside an otherwise diminishing caseload.

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JonathanTurley

SEPTEMBER 30, 2021

Lamberth rejected that argument and held that the law was clearly unconstitutional when the city passed it. Notably, the Supreme Court is about to hear a major Supreme Court case involving the Second Amendment in New York State Rifle & Pistol Association Inc. Here is the decision: Smith v. District of Columbia.

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JonathanTurley

OCTOBER 9, 2023

Former CUNY law dean Mary Lu Bilek even insisted that disrupting a speech on free speech was free speech. After the infamous Rodríguez attack at Hunter College, Sociology professor Renee Overdyke shut down a pro-life display at the State University of New York at Albany and then allegedly resisted arrest.

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Broadcast Law Blog

MARCH 16, 2017

The music battle continues over the question of whether state laws provide a public performance right in pre-1972 sound recordings.

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JonathanTurley

JULY 13, 2023

We saw a similar confrontation by Hunter College professor Shellyne Rodríguez when she trashed a pro-life student display in New York. The claim that free speech is violence is a common rationale on the left for “deplatforming,” disrupting, and even attacking those with opposing views.

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JonathanTurley

JANUARY 3, 2022

New York may have triggered a new constitutional challenge with its policy to prioritize non-white people in the distribution of certain COVID-19 treatments. New York’s Department of Health has responded to this shortage with a policy that will make race one of the prioritizing factors in distributing available resources.

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