JURIST

MAY 31, 2023

The Oklahoma Supreme Court Wednesday struck down two abortion bans as unconstitutional, but abortion remains illegal in the state. In its decision, the court referenced a prior ruling in which it found an “inherent right of a pregnant woman to terminate a pregnancy when necessary to preserve her life.”

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JURIST

FEBRUARY 28, 2023

The US Court of Appeals for the Second Circuit Monday ruled that employers who oppose abortion have a right to refuse to employ people on the basis of their reproductive health decisions under the freedom of association contained in the First Amendment of the US Constitution. A lower court decision was appealed by Evergreen Association, Inc.,

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JURIST

APRIL 24, 2023

The US Supreme Court Monday heard oral arguments in Lac du Flambeau Band v. It was argued that tribes are a type of domestic governmental units which the statute distinctly includes. Coughlin also points to the fact that the Supreme Court has previously determined that Congress need not use specific “magic words”.

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JURIST

FEBRUARY 22, 2023

The US Supreme Court Wednesday ruled in a slip opinion that a Chapter 7 bankruptcy debtor cannot discharge a debt that resulted from her partner’s fraudulent activity under 11 U.S.C. § The statute at issue bars debtors from discharging debts “for money…obtained by…fraud.” 523(a)(7)(A).

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SCOTUSBlog

MARCH 29, 2023

United States broke no new ground, as it followed a steady line of cases applying a rule under which time limits in federal statutes do not create jurisdictional bars unless the statute makes that intent clear. Share Tuesday’s decision in Wilkins v. So, if the bar is jurisdictional, they would be completely out of luck.

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JURIST

FEBRUARY 22, 2023

The US Supreme Court Tuesday heard oral arguments in Gonzales v. The statute broadly shields online platforms from liability for content posted to the platform by its users. Instead, Stewart urged the the court to “distinguish carefully between liability for the content itself, [and] liability for statements about the content.”

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JURIST

JULY 10, 2022

The Wisconsin Supreme Court has held that using ballot drop boxes is illegal under state statutes. According to the court’s majority opinion, issued Friday, absentee ballots must be returned by mail or personally delivered to the municipal clerk.

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JURIST

MARCH 24, 2023

The US Court of Appeals for the Second Circuit Thursday upheld the funding of the Consumer Financial Protection Bureau (CFPB) as constitutional. The court found the CFPB is funded by Title X of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act. The court again rejected the argument.

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JURIST

MAY 1, 2023

The US Supreme Court agreed Monday to consider a case challenging the authority of federal agencies to create regulations. The US Court of Appeals for the District of Columbia Circuit deferred to the agency , affirming the lower court’s decision to grant summary judgment. Loper Bright Enterprises v.

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JURIST

FEBRUARY 28, 2023

The US Supreme Court Monday issued an order list announcing it will hear two additional cases this term. This law reformed sentencing to require a district court to ignore the mandatory minimum sentence if a criminal defendant meets certain criteria, known as “safety valve relief.” The two cases are Pulsifer v.

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JURIST

FEBRUARY 11, 2022

The Senate Judiciary Committee on Thursday recommended that the Senate pass the Eliminating Limits to Justice for Child Sex Abuse Victims Act to empower victims of child sex abuse by removing the statute of limitations for federal civil child sex abuse claims, giving survivors unlimited time to file the claims.

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JURIST

OCTOBER 28, 2022

The Supreme Court of Canada Friday declared the country’s national sex offender registry unconstitutional. The post Canada Supreme Court finds mandatory, lifetime sex offender registration unconstitutional appeared first on JURIST - News. ” The declaration of invalidity for section 490.013(2.1)

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JURIST

APRIL 14, 2023

The US Supreme Court Friday issued a 9-0 opinion in Axon Enterprise, Inc. Federal Trade Commission , holding that separate legal challenges to the structure of the Security and Exchange Commission (SEC) and the Federal Trade Commission (FTC) may proceed in federal court. In the cases before the court, the commission chose the latter.

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JURIST

FEBRUARY 16, 2023

The Kentucky Supreme Court Thursday ruled to keep two statewide abortion restrictions in place. Both restrictions went into effect when the US Supreme Court reversed Roe v. The statutes both include exceptions for cases in which the life of the mother is at risk but do not provide exceptions for rape or incest.

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HowAppealing

FEBRUARY 20, 2023

United States and the Aggravated Identity Theft Statute; 18 U.S.C. 1028A, this is your day in court”: Orin S. United States and the Aggravated Identity Theft Statute; 18 U.S.C. 1028A, this is your day in court” appeared first on How Appealing. Kerr has this post at “The Volokh Conspiracy.”

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JURIST

MAY 18, 2023

The US Supreme Court ruled Thursday that Twitter is not liable under the Antiterrorism and Effective Death Penalty Act when users post terrorism-related content. Rather than addressing §230 of the Communications Decency Act , which many believed would determine the case, the court decided that the plaintiffs in Twitter v.

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JURIST

FEBRUARY 15, 2023

The Minnesota Supreme Court Wednesday upheld a state law prohibiting convicted felons from voting while on probation or parole in a 3-1 ruling. The court rejected this argument. Justice Thissen’s opinion also held that the statute did not create the racially disparate impact of felony disenfranchisement.

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JURIST

MAY 30, 2023

Since March, the International Criminal Court (ICC) has had an outstanding warrant for Putin’s arrest, which the DA now seeks to enforce. The DA filed an application with the Gauteng High Court requesting a declaratory order that would allow the country to arrest Putin under the outstanding ICC arrest warrant.

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JURIST

MARCH 16, 2023

The North Dakota Supreme Court Thursday upheld a preliminary injunction on the state’s abortion ban while litigation on the matter proceeds. 31-12 , which went into effect after the US Supreme Court overturned Roe v. The post North Dakota Supreme Court upholds abortion ban injunction appeared first on JURIST - News.

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JURIST

JUNE 20, 2021

The US Supreme Court on Thursday reversed a ruling that allowed several individuals to sue food corporations Nestlé USA and Cargill over child slavery claims, limiting corporate liability under the Alien Tort Statute. The case which the Supreme Court decided was Nestlé USA, Inc. Doe I, consolidated with Cargill, Inc.

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Day on Torts

MAY 12, 2023

Where the trial court took judicial notice of items from the court case underlying a tort action for invasion of privacy, abuse of process, and intentional infliction of emotional distress, it did not convert the motion to dismiss to a motion for summary judgment and dismissal of the claims based on the statute of limitations was affirmed.

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JURIST

JANUARY 17, 2023

The US Supreme Court Tuesday heard oral arguments in Turkiye Halk Bankasi A.S. United States , a case which will determine if US district courts have subject matter jurisdiction over criminal prosecutions of foreign sovereigns and their instrumentalities.

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JURIST

FEBRUARY 22, 2023

The US Supreme Court Wednesday heard oral arguments in Twitter v. The Court took up the case in conjunction with a similar case, Gonzalez v. The district court dismissed the case for failing to show that the tech companies acted to further specific terrorist plans.

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JURIST

AUGUST 4, 2021

The US Court of Appeals for the Seventh Circuit on Monday upheld an Indiana law requiring medical providers to report complications “arising from” abortions to the state. The US District Court for the Southern District of Indiana agreed and issued a preliminary injunction against enforcement of the law.

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JURIST

MARCH 28, 2023

The Appellate Court of Maryland Tuesday reinstated the conviction of Adnan Syed for the 1999 murder of Hae Min Lee and remanded the case. Syed was convicted of the murder of Hae Min Lee in 2000 and spent 23 years in prison before Circuit Court for Baltimore City Judge Melissa Phinn vacated his conviction in September 2022.

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JURIST

NOVEMBER 29, 2022

The US Court of Appeals for the Seventh Circuit Monday reversed a preliminary injunction previously implemented to bar the enforcement of an Indiana law requiring fetal remains to be either buried or cremated by clinics that provide abortion. The laws require that only abortion providers either bury or cremate fetal remains.

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JURIST

FEBRUARY 28, 2023

The US Supreme Court Tuesday heard oral arguments in Biden v. The court heard oral arguments for both cases, back-to-back. The first question is whether the plaintiffs bringing the suit have standing before the court. Standing asks whether the party who filed the suit is the proper party to appear before the court.

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JURIST

JUNE 27, 2022

The US Supreme Court ruled Monday in Concepcion v. The Justice Department argued that Concepcion’s original sentence of 228 months was within the statute’s range of 188 to 235 months, meaning that district court judges are not able to adjust Concepcion’s sentence. Neither of those limitations applies here.

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JURIST

APRIL 24, 2023

The US Supreme Court Monday declined to hear five appeals from fossil fuel companies requesting to have their cases moved from state to federal courts. All five petitions concern whether federal common law, which is law developed over time by courts, or state law applies to lawsuits over greenhouse-gas emissions that cross state lines.

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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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The Crime Report

FEBRUARY 27, 2023

On Monday, the Supreme Court heard arguments in a case set to decide whether a defendant has to actually “steal an identity,” under at least common understanding of what that means, to be convicted of aggravated identity theft under federal law. Now, the court is set to decide if that qualifies as identity theft under the law.

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JURIST

APRIL 20, 2022

The US Court of Appeals for the Ninth Circuit Tuesday sent lawsuits by six California cities and counties accusing ExxonMobil, Chevron Corp and other energy giants of fueling climate change back to state court after the US Supreme Court required the court reexamine the cases. Other lawsuits are still pending.

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SCOTUSBlog

MAY 19, 2023

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. Laws governing elections and the right to participate in the political process receive varying degrees of scrutiny when challenged in court. A federal district court dismissed their lawsuit. CoreCivic, Inc.

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SCOTUSBlog

OCTOBER 11, 2022

Share The Supreme Court on Tuesday heard the case of a Texas death-row inmate seeking DNA testing for evidence that he believes will clear him. A federal appeals court threw out Rodney Reed’s federal civil rights lawsuit challenging the constitutionality of the Texas law governing DNA testing, explaining that Reed had filed his suit too late.

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JURIST

JUNE 1, 2023

As it stands now, the US—like Russia—is not a signatory to the Rome Statute of the ICC, which means the ICC technically has no jurisdiction over the US. ” The post DOD blocking US cooperation with International Criminal Court: State Department official appeared first on JURIST - News.

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JURIST

JANUARY 24, 2023

In court, Mackey argued that he did not commit, engage in, or link with anyone within the EDNY. However, the court held the historical procedures have long recognized that the “interpretative dynamism [is] necessitated by the rapid technological change.”

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JURIST

JUNE 1, 2023

A majority for the US Court of Appeals for the Fourth Circuit ruled Wednesday that Virginia Tech’s bias reporting policies do not violate free speech principles protected by the First Amendment, upholding a lower court’s decision to deny a preliminary injunction.

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