Constitutional Law Reporter

DECEMBER 19, 2022

In convicting Joseph Percoco, who served as campaign manager for New York Gov. The District Court held that the Quiet Title Act’s statute of limitations is jurisdictional and because the landowners failed to prove that their claims arose within twelve years of the lawsuit being filed, it dismissed the case.

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JonathanTurley

SEPTEMBER 9, 2021

The standard for defamation for public figures and officials in the United States is the product of a decision decades ago in New York Times v. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. 47 U.S.C. § 230(e)(3).

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JonathanTurley

OCTOBER 18, 2021

Below is my column in the Hill on the makings of a blockbuster case in New York State Rifle & Pistol Association Inc. The court will soon take up New York State Rifle & Pistol Association Inc. The new case concerns concealed-carry restrictions under N.Y. Penal Law § 400.00(2)(f)

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JonathanTurley

OCTOBER 25, 2021

In New York, the state is appealing a preliminary injunction against its refusal to allow religious exemptions to its vaccine mandate. Various commentators and activists are pushing states to follow the lead of New York and refuse to recognize any religious objections to vaccines.

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SCOTUSBlog

JUNE 27, 2022

Share This article is part of a symposium on the court’s decision in New York State Rifle & Pistol Association v. Barnett is the Patrick Hotung professor of constitutional law at the Georgetown University Law Center and the faculty director of the Georgetown Center for the Constitution.

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SCOTUSBlog

JULY 21, 2021

But the group does support a constitutional amendment imposing 18-year term limits and allowing each sitting president to fill two seats per four-year term, although the group believes that term limits imposed by statute would pose constitutional issues. Gabe Roth, executive director of Fix the Court, presented a different view.

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JonathanTurley

JANUARY 14, 2024

District Judge Kathryn Kimball Mizelle has ruled that the federal law prohibiting people from possessing firearms inside post offices is unconstitutional. The ruling is based on 2022 Supreme Court ruling New York State Rifle & Pistol Association v. The case concerned Emmanuel Ayala, U.S. 18 U.S.C. § 18 U.S.C. §

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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. Dellinger was a longtime faculty member at Duke Law School, and he founded the appellate practice at O’Melveny & Myers.

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JonathanTurley

FEBRUARY 4, 2023

The opinion is most notable for its exploration of the historical analogues supporting the rule, as required under New York State Rifle & Pistol Association, Inc. 922(g)(8), a specific statute that does so, is constitutional under the Second Amendment of the United States Constitution.”

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JonathanTurley

DECEMBER 19, 2021

Below is my column in the Hill on New York’s latest gun control measure — and the latest challenge to a New York law. What is most striking in reviewing the line of gun cases coming out of New York is that the Empire State has done more for gun rights than any “pro-gun” state.

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JonathanTurley

APRIL 26, 2024

Below is my column in the New York Post on yesterday’s oral arguments on presidential immunity. If the justices want insight into the implications of denying any immunity, they just need to look north to New York City. The government insisted there is an exception for such acts from the murder statute.

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JonathanTurley

FEBRUARY 9, 2024

Under Section 134-25 of the Hawaii Revised Statutes, “all firearms” must be “confined to the possessor’s place of business, residence, or sojourn.” Supreme Court issued its decision in New York State Rifle & Pistol Association v. 22-caliber pistol in his “front waist band.”

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JonathanTurley

DECEMBER 15, 2021

The Duke of York is arguing that Giuffre was too old at the time of the alleged sexual acts to use the New York Child Victims Act (CVA) to “revive” her claims now. Prince Andrew is arguing that there is an inherent conflict under state law with these claims in light of the general consent law in New York.

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JonathanTurley

JULY 13, 2022

Tisch Professor of Law, New York University Law School, and a senior lecturer at the University of Chicago. As I have previously argued, the broad reading of the statute would not only sharply curtail protected First Amendment activities, but lead to some clearly incongruent results. United States , 561 U.S.

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JonathanTurley

JUNE 9, 2023

Newsom cited the kidnapping statute but apparently failed to read it or the underlying cases. Moreover, it is not clear how transporting migrants who entered the country illegally to another state is a violation of law. If so, there would be a host of local Democratic and federal officials who could be charged on that basis.

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JonathanTurley

AUGUST 25, 2021

The case is brought under statutes like 18 U.S.C. In New York Times v. the Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. Likewise, areas like defamation have been limited by the First Amendment.

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JonathanTurley

OCTOBER 31, 2022

Petty has clearly alleged that her reputation has been harmed by the portrayal in the ad, which is being used to push a constitutional amendment that she vehemently opposes. In New York Times v. Her objections were publicly made and covered by national media outlets like the New York Post and Fox News.

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ClimateChange-ClimateLaw

AUGUST 4, 2021

The Supreme Court called the appellate court’s conclusion that there are always reasonable legal alternatives to disobeying constitutional laws “untenable,” and held that “reasonable legal alternatives” must be effective. The court further found that EPCA’s legislative history did not support the plaintiff’s “expansive interpretation.”

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JonathanTurley

FEBRUARY 3, 2022

Putting aside a later defamation action (though the statute of limitations is a concern), the filing could present an interesting question of whether the statute can be used to chill or curtail free speech. He is subject to the higher standard of proof in New York Times v.

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JonathanTurley

JULY 3, 2023

Ever accommodating, Biden is now saying that he will attempt to accomplish the same loan forgiveness by taking a “new path.” It is rather through a different statute , the Higher Education Act of 1965. The HEA, however, could be used only for a far more limited number of debt holders, and even this would raise new legal questions.

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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. However, some media outlets featured an array of experts who denounced Barr’s legal move.

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The Crime Report

MAY 24, 2021

New York Attorney General Letitia James’ announcement last week that her office was “actively investigating the Trump Organization in a criminal capacity” has added to the former president’s legal worries, but the biggest landmine believed to threaten his political future has yet to be detonated. Capitol on Jan. and conviction?Trump

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JonathanTurley

FEBRUARY 18, 2022

Ironically, last night, Hillary Clinton made reference to this standard in suggesting that she might be able to sue Fox News for its coverage of the Durham investigation. It is considered a sacrilege to even raise the possibility of reexamining the legacy of New York Times v. Devin Nunes, R-Calif. Gabrielle Giffords, D-Ariz.

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JonathanTurley

DECEMBER 21, 2020

In 1963, a young John Lewis referred to a photo in The New York Times of a group of black women demonstrators in Rhodesia holding signs that read: one man, one vote. This proposal would decouple voting rights from cases and statutes designed to protect the equality of voting. t is ours, too. It must be ours.”.

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JonathanTurley

SEPTEMBER 18, 2023

New York Times columnist (and my former classmate at The University of Chicago) David Brooks said this week that the corruption scandal “merits an inquiry. The investigation and charging of Hunter Biden has, thus far, been strikingly surgical in avoiding this pattern of concealment. First, there are the tax violations.

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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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