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German court rules double jeopardy statute unconstitutional

JURIST

.” The law at issue was challenged by a man recharged in a 1981 murder and rape case for which he was acquitted due to lack of evidence. The post German court rules double jeopardy statute unconstitutional appeared first on JURIST - News.

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In habeas case, the liberal justices try to untangle a complex statute

SCOTUSBlog

Hendrix , a case that exemplifies the Gordian knot that is the federal habeas corpus statute. 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.

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Supreme Court Clarifies Scope of Alien Tort Statute

Constitutional Law Reporter

By a vote of 8-1, the Court held that to plead facts sufficient to support a domestic application of the Alien Tort Statute, 28 U.S.C. Where the statute does not apply extraterritorially, plaintiffs must establish that “the conduct relevant to the statute’s focus occurred in the United States. Facts of the Case.

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Supreme Court Rules Federal Agencies Can Be Sued Under Fair Credit Reporting Act

Constitutional Law Reporter

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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Supreme Court Hears Challenge to EPA’s Good Neighbor Rule

Constitutional Law Reporter

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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Supreme Court Upholds Ban on Encouraging Illegal Immigration

Constitutional Law Reporter

Supreme Court’s Decision The Supreme Court reversed by a vote of 7-2, holding that because §1324(a)(1)(A)(iv) forbids only the purposeful solicitation and facilitation of specific acts known to violate federal law, the clause is not unconstitutionally overbroad. Justice Amy Coney Barrett wrote on behalf of the majority.

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SCOTUS hears oral arguments in bankruptcy amendment, Washington workers’ compensation law cases

JURIST

The US government challenged this amendment, claiming that the law violated intergovernmental immunity, which is a constitutional law doctrine prohibiting both the federal government and individual states from intruding on the other’s sovereignty.

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