JURIST

JUNE 15, 2023

The US Supreme Court declined on Thursday to disturb a federal statute governing the adoption and foster proceedings for Indigenous children in the US. The court issued three findings in its Thursday decision. Petitioners’ contended that the proceedings fall within the realm of family law, which is usually governed by state law.

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JURIST

JUNE 21, 2021

The Wisconsin Supreme Court unanimously struck down a state law provision Friday that allowed police to draw blood from unconscious drivers and test it for alcohol content without a warrant. An individual who is unconscious or otherwise unable to withdraw consent was presumed not to have withdrawn consent under the law.

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The Crime Report

DECEMBER 5, 2022

There were few laws criminalizing domestic violence , and enforcement of the existing laws was rare. It was only in the past few decades that laws criminalizing domestic violence came to be widespread and enforced. Supreme Court ruling, NYSRPA v. The ruling has since been appealed to the 5th Circuit Court.

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SCOTUSBlog

JANUARY 7, 2022

Texas presents the latest stage in the Biden administration’s attempt to unwind the Trump administration’s “remain in Mexico” policy. After Texas and Missouri challenged that decision, a federal district court vacated the secretary’s termination, in part on the administrative-law ground that the decision was insufficiently explained.

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HowAppealing

DECEMBER 10, 2021

“Supreme Court Allows Challenge to Texas Abortion Law but Leaves It in Effect; The law, which bans most abortions after about six weeks of pregnancy, was drafted to evade review in federal court and has been in effect since September”: Adam Liptak of The New York Times has this report. ” David G.

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SCOTUSBlog

APRIL 28, 2022

Share The Supreme Court on Thursday ruled 6-3 against a plaintiff seeking emotional distress damages for alleged violations of certain federal anti-discrimination laws. In Thursday’s ruling in Cummings v. Justice Stephen Breyer dissented, joined by Justices Sonia Sotomayor and Elena Kagan.

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SCOTUSBlog

MARCH 19, 2024

Share The Supreme Court will hear oral arguments on Wednesday in the case of a 76-year-old Texas woman , Sylvia Gonzalez, who was arrested on charges that she had violated a state law that prohibits tampering with government records. Senior U.S.

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Constitutional Law Reporter

JULY 12, 2023

Texas , 599 U.S. _ (2023), the U.S. Supreme Court ruled that Texas and Louisiana lacked standing to challenge a Biden Administration immigration enforcement policy. In their opinion, Congress specifically prohibited courts from issuing injunctions related to certain immigration laws. In United States v.

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SCOTUSBlog

OCTOBER 21, 2021

Share Lawyers for the state of Texas urged the Supreme Court on Thursday to leave a Texas law that imposes a near-total ban on abortions in place. The filings came in two separate cases arising from the Texas law, known as S.B. 8, the court ordered Texas officials to respond in both S.B.

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SCOTUSBlog

JUNE 12, 2023

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. Four years ago, the Supreme Court ruled in Nieves v. This week, we highlight cert petitions that ask the court to consider, among other things, how closely aligned evidence must be to satisfy that exception.

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SCOTUSBlog

NOVEMBER 9, 2022

Share The Supreme Court on Wednesday declined to block the execution of Tracy Beatty, who was convicted and sentenced to death for the 2003 murder of his mother. Beatty, 61, is scheduled to be executed in Texas on Wednesday evening. This article was originally published at Howe on the Court. Beatty’s lawyers relied on 18 U.S.C.

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SCOTUSBlog

OCTOBER 10, 2022

Share On Tuesday the justices will hear oral argument in the case of Texas death-row inmate Rodney Reed , who is seeking DNA testing for evidence that he believes will clear him. In 2009, the Supreme Court ruled in District Attorney’s Office v.

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The Crime Report

SEPTEMBER 7, 2023

In a 6-3 decision Ex parte Danny Richard Lane , the state’s highest criminal appeals court ruled that Texas’ historical doctrine of “judicial clemency” does not forgive sex offender registration. The Texas Legislature in 1991 enacted the state’s first sex offender registration program.

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JURIST

JUNE 15, 2021

The US Supreme Court declined Monday to take up an appeal by a group of oil companies challenging a California state court ruling permitting two California cities to sue for damages related to climate change, meaning the case will be heard in state court.

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The Crime Report

APRIL 29, 2022

The Supreme Court has ruled that victims of discrimination, which is forbidden by four federal statutes, may not sue if the only harm was emotional distress, reports the New York Times. She claimed to have suffered “humiliation, frustration and emotional distress” as a result.

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SCOTUSBlog

JUNE 15, 2023

Share In a major ruling on Thursday, the Supreme Court rejected a challenge to the constitutionality of the Indian Child Welfare Act, a 1978 federal law that seeks to keep Native American children with Native American families. Four tribes later joined the case to defend the law.

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SCOTUSBlog

NOVEMBER 8, 2022

Share In 2012, the late Justice Antonin Scalia called a dispute arising from the adoption of Native American twins in a Mississippi state court the most difficult case he had encountered in his time on the Supreme Court. Four tribes later joined the case to defend the law. Court of Appeals for the 5th Circuit reversed.

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JonathanTurley

MAY 25, 2021

We have been discussing the state laws requiring contractors and employees to swear that they do not support the the Boycott, Divestment, Sanctions (“BDS”) movement against Israel. I have long maintained that the law is unconstitutional as a limitation of free speech and associational rights. 50-5-85(b). O.C.G.A. §

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SCOTUSBlog

DECEMBER 10, 2021

In June 2020, the Supreme Court issued a summary reversal – meaning it decided the case without merits briefing or oral argument – in Andrus v. Texas , a capital defendant’s claim of ineffective assistance of counsel under Strickland v. On remand, the Texas court ruled that the inadequate counsel had not prejudiced Andrus.

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SCOTUSBlog

MAY 24, 2024

Last year, Tennessee and Kentucky were among a group of more than 20 states that enacted laws that prohibit giving transgender youths under the age of 18 medical treatment to align their appearance with their gender identity. Federal district courts in both states granted the challengers’ requests to block the laws from going into effect.

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SCOTUSBlog

JULY 6, 2021

Muller is the Bouma fellow in law and professor of law at the University of Iowa College of Law. Democratic National Committee set the path for the six-justice majority of the Supreme Court to reject challenges to two Arizona laws. The Democratic National Committee challenged the two Arizona laws.

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SCOTUSBlog

OCTOBER 1, 2021

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the House of Representatives may vote by proxy, when the statute of limitations begins for state prisoners seeking DNA testing, a football coach’s post-game prayer and Texas’ new anti-abortion law. In Skinner v.

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SCOTUSBlog

FEBRUARY 22, 2022

Texas , provides some amusing moments and seems a good one for the justices to break out of any lethargy from their long recess. The question is whether a 1987 federal statute subjects certain Indian tribes in Texas to that state’s entire body of gambling law. This further cracks up the law clerks, and Alito runs with it.

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SCOTUSBlog

SEPTEMBER 29, 2023

Share The Supreme Court on Friday issued orders from its so-called “long conference” – the justices’ private conference in the last week of September, at which they met for the first time since the end of June to add new cases to their docket. After the California Supreme Court declined to weigh in, Sheetz came to the U.S.

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SCOTUSBlog

JULY 7, 2022

Share If the Supreme Court’s 2021-22 term had a soundtrack, it might be “With or Without You,” the 1987 anthem by the Irish rock group U2. The new balance of power on the court was on display before the term officially began, when the justices rejected a request to block enforcement of S.B. Wade and Planned Parenthood v.

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SCOTUSBlog

APRIL 20, 2022

Texas , involving allegations that a racially biased juror, who commented during voir dire that “non-white” races were statistically more violent than whites, served on petitioner Kristopher Love’s capital sentencing jury. Some older Supreme Court decisions support that theory of consent. In Cooper Tire & Rubber Company v.

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SCOTUSBlog

MARCH 30, 2022

Ross , involving a dormant commerce clause challenge to a California law prohibiting the sale of pork unless the pigs from which it was made (virtually all of which come from outside the state) were raised consistent with the state’s restrictive standards. Case in point: Texas v. Texas , a capital case from the Lone Star State.

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JonathanTurley

SEPTEMBER 2, 2023

We recently discussed a federal court ruling that the Texas law requiring age verification and warning for porn sites was unconstitutional. Now, Judge Timothy Brooks in Arkansas has found that another state law imposing age verification requirements for social media violates the First Amendment.

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SCOTUSBlog

DECEMBER 2, 2021

Jane Cummings sued Texas-based Premier Rehab for discriminating based on her disability in violation of the Rehabilitation Act and the Affordable Care Act. Court of Appeals for the 5th Circuit held that Cummings could not seek damages for emotional distress. Premier Rehab Keller, P.L.L.C. ,

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SCOTUSBlog

NOVEMBER 29, 2021

If the court were to overturn Roe and Casey , access to abortion in America would shrink dramatically and immediately. Twenty-one states have laws in place that would ban all or nearly all abortions if Roe and Casey fell. The Texas cases, however, do not formally present the question of whether Roe and Casey should remain valid.

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SCOTUSBlog

JANUARY 8, 2021

This week we highlight cert petitions that ask the Supreme Court to consider cases and statutes about suing various government entities, ranging from two counties to a state governor to the United States itself. The district court ruled that Ex parte Young applied because Congress’ approval of the compact made it binding federal law.

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SCOTUSBlog

DECEMBER 10, 2020

The Supreme Court ruled unanimously on Thursday that three Muslim men who say that they were put on the “no fly” list after they refused to become FBI informants can sue the FBI agents who put them there for money damages. Thomas acknowledged that the Supreme Court had ruled in 2011 in Sossamon v.

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SCOTUSBlog

JUNE 30, 2022

Share This article is part of a symposium on the court’s decision in Dobbs v. Utley professor of health law at Boston University School of Public Health and professor of law at Boston University School of Law. “[T]he Occasionally, “rational basis with teeth” finds laws lack even a legitimate purpose – Lawrence v.

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SCOTUSBlog

JANUARY 25, 2022

Thus, starting in 1988 (when, as part of broader reforms to the court’s docket, Congress eliminated the ability to directly appeal to the Supreme Court district court decisions striking down state or federal statutes), the practice became all but moribund.

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JonathanTurley

NOVEMBER 29, 2021

The oral argument is scheduled for December 1st, the same week that the United States Court of Appeals for the Fifth Circuit will hear an expedited appeal over the even more stringent Texas abortion law. Indeed, the late Justice Ruth Bader Ginsburg was a critic of Roe , seeing it as too sweeping in supplanting state laws.

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SCOTUSBlog

APRIL 28, 2022

After the court ruled that Congress could access the records (over a solo dissent from Thomas), The Washington Post and CBS revealed that Thomas’ wife, Ginni, had repeatedly urged President Donald Trump’s chief of staff to negate the election results in the fall of 2020.

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SCOTUSBlog

OCTOBER 4, 2021

Intratek Computer , the government will weigh in on the effect of a federal whistleblower statute on an arbitration agreement between an employer and its employee. Court of Appeals for the Federal Circuit, and C.H. A three-judge district court ruled that D.C. Court of Appeals for the 9th Circuit upheld that ruling.

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