JURIST

JUNE 1, 2021

The US Supreme Court ruled unanimously Tuesday that tribal police officers have the authority to detain and search non-Indigenous persons on federal highways within their territories. The decision quiets what some feared would be a further infringement on the inherent sovereignty tribes possess to govern themselves.

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JURIST

APRIL 16, 2021

The Wisconsin Supreme Court ruled on Wednesday that the Department of Health Services (DHS) lacked authority to limit capacities for indoor public gatherings. As a result, the court held that “Emergency Order 3 should have been promulgated according to rulemaking procedures set forth in Wis.

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Constitutional Law Reporter

FEBRUARY 28, 2024

1681n and 1681oauthorize suits for damages against “any person” who violates the FCRA, and §1681a expressly defines “person” to include “any” government agency. Supreme Court’s Decision The Supreme Court unanimously affirmed. “[W]e government. government. It held that the USDA could be sued because 15 U.

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SCOTUSBlog

JUNE 6, 2022

Share The Supreme Court on Monday morning added one new case to its docket for the 2022-23 term, a technical dispute over the binding nature of the statute of limitations for a federal property law. A lower court ruled that the landowners filed their lawsuit too late and that the statute of limitations is jurisdictional.

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SCOTUSBlog

JUNE 13, 2022

Share In a pair of cases on Monday, the Supreme Court ruled against non-U.S. Pursuant to the post-removal order statute, 8 U.S.C. 1231 , the government detained him. Pursuant to the post-removal order statute, 8 U.S.C. 1231 , the government detained him. The first case, Johnson v.

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JURIST

DECEMBER 30, 2022

The Hamilton County Court of Common Pleas reversed the Board’s decision without affording any deference to the agency’s interpretation of the relevant statute. Later, the Ohio First District Court of Appeals held that a court must defer to an administrative interpretation only if the court finds a statute to be ambiguous.

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SCOTUSBlog

JUNE 22, 2023

Share Under a historic water crisis in the desert southwest, the Navajo Nation asked for a court order requiring the federal government to determine the Nation’s water needs and to devise a plan to meet those needs. Gorsuch would have framed the issue before the court as a matter of applying the canons of construing Indian treaties.

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JURIST

OCTOBER 7, 2021

The court delivered the landmark decision in an appeal filed by the Municipal Corporation of Greater Mumbai against an NGT order on waste disposal that was issued after the NGT took suo moto cognizance of an article published by an online news source.

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SCOTUSBlog

JUNE 16, 2023

Share The Supreme Court ruled on Friday that the Department of Justice has broad, but not unfettered, authority to dismiss whistleblower lawsuits filed under the False Claims Act’s qui tam provision even when the government initially elected to allow the whistleblower to proceed with the action.

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JURIST

DECEMBER 11, 2020

The US Supreme Court ruled Thursday in United States v. Georgia that the Eighth Amendment forbids a death sentence for the rape of an adult woman, respondents argue that they could not, in fact, have been sentenced to death, and therefore the statute of limitations for their crimes. Justice Samuel Alito authored the opinion.

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SCOTUSBlog

APRIL 28, 2022

With spending clause legislation, the federal government provides funds in exchange for the funding recipient’s adherence to various conditions. The post Court rules against plaintiff seeking emotional distress damages for discrimination appeared first on SCOTUSblog. Check back soon for in-depth analysis of the opinion.

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JURIST

FEBRUARY 4, 2021

In a unanimous decision on Wednesday, the US Supreme Court ruled that the heirs of Jewish art dealers cannot bring a lawsuit in US courts against Germany over the alleged forced sale of art and artifacts under the Nazi regime. The Court directed the lower court to reconsider the case in light of the opinion in Germany v.

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JURIST

DECEMBER 21, 2020

Hong Kong’s Court of Final Appeals ruled on Monday that the government-mandated mask ban, instituted in October 5, 2019, is constitutional. During the anti-government protests , which have largely died down, many demonstrators wore masks to hide their identities from authorities and to protect themselves from tear gas.

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SCOTUSBlog

MAY 16, 2023

Share In an opinion released on Thursday, the Supreme Court ruled that noncitizens subject to deportation do not have to ask the Board of Immigration Appeals to reconsider its allegedly erroneous decisions before seeking judicial review in the federal courts of appeals. The court’s conclusion is not entirely surprising.

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SCOTUSBlog

APRIL 20, 2023

Share The Supreme Court on Wednesday ruled that a Turkish bank can be prosecuted in U.S. courts for its role in a conspiracy to evade U.S. But the court left the door open for the bank to press a different immunity argument in the lower courts. This article was originally published at Howe on the Court.

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SCOTUSBlog

APRIL 25, 2022

Share Federal courts employ the All Writs Act to serve countless ends, from assisting FBI investigations to prohibiting vexatious litigation to requiring Apple to access data. This statute, which was originally part of the Judiciary Act of 1789, empowers federal courts to “issue all writs” (i.e., Twyford disagrees.

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JURIST

AUGUST 3, 2023

The court ruled that the law was valid under rational basis review. Under rational basis review, a court will uphold a law as constitutional if the government has a legitimate interest in enacting the statute and the law is rationally related to that interest. Circuit Judge Kenneth K.

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JURIST

DECEMBER 21, 2021

The UK Supreme Court Monday allowed an appeal by Venezuelan opposition leader Juan Guaidó in a dispute over whether he or President Nicolás Maduro has control over more than US $1 billion of Venezuela’s international gold reserves held by the Bank of England. The UK government considered this election deeply flawed.

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The Crime Report

JUNE 29, 2022

50 years ago today, the Supreme Court in their opinion on Furman v. The decision forced federal and state governments to review their statutes to ensure that administration of the death penalty did not discriminate and was applied consistent to the Eight Amendment, prohibiting cruel and unusual punishment.

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JURIST

JUNE 7, 2021

The US Supreme Court ruled unanimously on Monday on an immigrant status case regarding noncitizens seeking to change their immigration status from temporary protected status (TPS) to lawful permanent residency.

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JURIST

MARCH 8, 2023

In Wimes’ opinion and order, the court ruled that SAPA is “unconstitutional in its entirety.” ” The court ruled that SAPA violates the Supremacy Clause because it tries to invalidate federal law. Under the doctrine, state legislatures cannot invalidate or disregard federal statutes.

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JURIST

APRIL 19, 2022

After the Amendment took effect on January 1, 2018, Circuit City, a US chain of electronics retail stores, refused to pay the increased fees and brought suit in the Bankruptcy Court for the Eastern District of Virginia, claiming that the 2017 Amendment, which creates nonuniform bankruptcy laws, was unconstitutional.

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Constitutional Law Reporter

FEBRUARY 23, 2021

The heirs allege that when the Nazi government rose to power, it unlawfully coerced the consortium into selling the collection to Prussia for a third of its value. 108, 115 (2013), Roberts emphasized that the Court has long recognized that “United States law governs domestically but does not rule the world.”

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Law 360

NOVEMBER 14, 2023

Judges on the D.C.

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SCOTUSBlog

MAY 1, 2023

Natural Resources Defense Council , the Supreme Court ruled that courts should defer to a federal agency’s interpretation of an ambiguous statute as long as that interpretation is reasonable. On Monday, the Supreme Court agreed to reconsider its ruling in Chevron. Share Nearly 40 years ago, in Chevron v.

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SCOTUSBlog

NOVEMBER 28, 2022

Generally speaking, that line of cases has limited the circumstances in which statutes that impose timing requirements on federal causes of action are regarded as jurisdictional – which means that they automatically and categorically keep a case out of court. Why, you might ask, should this matter? In most cases, perhaps, it would not.

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SCOTUSBlog

APRIL 22, 2021

Share The Supreme Court on Thursday ruled against the federal government and in favor of people seeking Social Security benefits on a procedural issue about administrative “exhaustion” requirements. The court ruled 9-0 that claimants need not raise all of their specific issues before the agency.

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SCOTUSBlog

JUNE 17, 2022

Share On Wednesday, the Supreme Court ruled 6-3 that a VA benefits decision that was based on an agency regulation in effect at the time the decision was rendered does not constitute “clear and unmistakable error” even if the agency regulation is later deemed to conflict with the text of the relevant benefits statute.

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SCOTUSBlog

OCTOBER 10, 2022

The question before the court is a procedural one, focusing on the deadline for Reed to file a federal civil rights claim challenging the constitutionality of the Texas law governing DNA testing. In 2009, the Supreme Court ruled in District Attorney’s Office v. Reed urges the justices to adopt the rule used in the U.S.

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SCOTUSBlog

SEPTEMBER 29, 2023

City of Tigard , the Supreme Court outlined a two-part test for courts to use to determine whether state or local governments violate the Constitution’s ban on uncompensated takings by conditioning the grant of a development permit on the developer’s agreement to set aside land, pay money, or provide materials or services.

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SCOTUSBlog

JANUARY 18, 2021

In this case, Chevron removed the lawsuit to a federal district court in Maryland, pointing to eight different grounds for removal. Baltimore asked the district court to send the case back to state court, and the district court agreed. This conclusion, the companies contend, flows from the plain text of 28 U.S.C.

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JURIST

MAY 22, 2023

HB 1, enacted in 2021, created new criminal penalties for protestors, prohibited state grants to any government entity that attempted to defund the police and denied bond to anyone who participated in a disorderly assembly until their first court appearance. A federal court ruled it unconstitutional in March.

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SCOTUSBlog

MAY 15, 2023

Ignoring the threshold questions on which the court had not granted review and applying a longstanding clear-statement rule, a near-unanimous court ruled in favor of Puerto Rico’s financial oversight board. One involves “a statute [that] says in so many words that it is stripping immunity from a sovereign entity.”

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SCOTUSBlog

JANUARY 12, 2021

When Waggoner responded that victims of government misconduct might not be able to show any damages other than nominal damages, Gorsuch posited that such plaintiffs might be able to recover their bus fare, or compensation for the time that it took them to walk to the site where they were injured.

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SCOTUSBlog

JUNE 25, 2021

Share Alaska Native corporations are eligible for about $500 million in COVID-19 relief money that Congress earmarked for Native American tribes, the Supreme Court ruled Friday. The case required the court to decide whether Alaska Native corporations are “Indian tribes” for the purpose of the 2020 CARES Act.

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SCOTUSBlog

JUNE 7, 2021

Share The Supreme Court unanimously ruled on Monday that noncitizens who have been granted temporary humanitarian relief from deportation cannot use the process known as “adjustment of status” to obtain lawful permanent residency in the United States without leaving the country. The court ruled in Sanchez v.

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SCOTUSBlog

APRIL 25, 2022

Tax Court has the power to excuse the missed deadline for equitable reasons, the Supreme Court ruled on Thursday in a unanimous decision. It held instead that the statute is not jurisdictional, and that equitable tolling is an available argument in Tax Court. The case, Boechler v.

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