SCOTUSBlog

NOVEMBER 23, 2022

Legal scholars have addressed all three issues, and their work is prominently cited in the briefing on both sides. The “Morton Memos” were often ignored by ICE officers , and in any case did not give legal protection from removal to those undocumented immigrants categorized as lower priorities. Texas , set to be argued on Nov.

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The Crime Report

JUNE 27, 2022

Wade, o pponents of abortion are pushing for stricter bans at state levels—even criminalizing women who travel outside their states where abortion remains legal. So-called “trigger” laws have already gone into effect in states where anti-abortion statutes are already on the books have been activated by the decision. South Dakota.

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The Crime Report

FEBRUARY 8, 2023

His attorney then filed a specific constitutional challenge to § 922(g)(8), arguing that the statute violated Rahimi’s Second Amendment right to own and possess firearms. He is the very kind of person § 922(g)(8) was directed at—a legal protection for their abused intimate partner. A federal grand jury indicted him under 18 U.S.C. §

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Hoban Law Group

JUNE 8, 2021

Including improper drug claims in the labeling of non-drug products can expose your company to liability from the FDA/FTC to consumer actions brought under state consumer protections statutes, class action lawsuits, etc. to legally sell hemp-derived products in the state.

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SCOTUSBlog

OCTOBER 4, 2022

McDonough , a case that the court already rescheduled seven times last term, and which involves the construction of a statute providing disability pay for members of the military. Court of Appeals for the Federal Circuit, by a divided vote , deferred to the Department of Veterans Affairs construction of the statute under Chevron U.S.A.,

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Construction Statute Felony Court 96

The Crime Report

SEPTEMBER 2, 2022

The Furman litigation was the culmination of a campaign conducted by a group of lawyers under the auspices of the NAACP Legal Defense Fund. Some states, such as Louisiana and North Carolina, enacted mandatory death penalty statutes, eliminating discretion entirely from the death penalty system. The Furman Framework.

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Conflict of Laws

MAY 17, 2023

The United States legal system is immensely complex. There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. A clause is contrary to public policy when a statute or a judicial decision declares that enforcement is inconsistent with the policy of the state.

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SCOTUSBlog

APRIL 19, 2024

Louisiana that the Sixth Amendment (as incorporated against the states by the 14th Amendment) guarantees criminal defendants the right to a unanimous jury, it meant a unanimous 12-person jury — not a six-person jury, which is all that Florida affords some felony defendants. Next up is Lackey v. relisted after the Apr.

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Felony Immigration Court Statute 128

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. The other cases in which the justices denied review included: Louisiana v. The state courts agreed, prompting Louisiana to come to the court. In Robertson v.

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SCOTUSBlog

JANUARY 13, 2022

Share With COVID-19 cases and hospitalizations reaching a new record high as a result of the Omicron variant, the Supreme Court on Thursday put the Biden administration’s vaccine-or-test mandate for large employers on hold, while litigation over its legality continues in the lower courts. Court of Appeals for the 6th Circuit. In Biden v.

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SCOTUSBlog

NOVEMBER 6, 2023

A federal appeals court in Louisiana agreed with Texan Zackey Rahimi, that the law, 18 U.S.C. § This use of “materially different means” to address the same problem targeted by Section 922(g)(8), Rahimi concludes, “tends to prove” that the statute is unconstitutional. But the Biden administration contends that the decision by the U.S.

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Day on Torts

MAY 31, 2022

Before filing suit, plaintiff consulted with a friend who was an attorney in Louisiana. When that friend could not find a Tennessee lawyer to take her case before the statute of limitations ran out, he sent her a sample pre-suit notice form. Plaintiff thereafter filed this HCLA suit. internal citations omitted).

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Tort Statute Court Construction 59

SCOTUSBlog

NOVEMBER 29, 2022

Although some justices questioned the legality of the policy, there were also questions about whether the states challenging the policy could bring their lawsuit at all, and whether a federal district judge had the power to set aside the policy. Texas and Louisiana went to federal court in Texas to challenge the policy. On the D.C.

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JonathanTurley

SEPTEMBER 7, 2021

She was charged under Louisiana law with malfeasance in office. The statute itself reads like criminalized negligence. Restitution shall include the payment of legal interest at the rate provided in R.S. The report was taken on August 23, 2021.”. She was ultimately dismissed after an investigation. Amended by Acts 1980, No.

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JonathanTurley

JUNE 21, 2021

Yet, many previously outspoken legal experts have either blamed conservative judges or simply ignored the losses all together. In Louisiana, a federal court enjoined the administration from carrying out its halting of gas and oil leases, finding that Biden’s unilateral action violated the separation of powers under the Constitution.

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SCOTUSBlog

JANUARY 19, 2022

Representing the Federal Election Commission, Deputy Solicitor General Malcolm Stewart spent much of his time at the lectern arguing that Cruz and his campaign lacked a legal right to sue, known as standing, because (among other things) any injury that they had suffered was “self-inflicted.” How, he queried, “can that possibly be the law?”.

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Finance Government Laws Court 88

SCOTUSBlog

NOVEMBER 30, 2021

For instance, the National Right to Life Committee and the Louisiana Right to Life Federation argue that the court should reject the “categorical viability line” and replace it with a new “roadmap” under which courts would consider all state interests when analyzing the constitutionality of prohibitions on pre-viability elective abortions.

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SCOTUSBlog

FEBRUARY 17, 2022

In that case, Breyer led the majority in striking down a Nebraska criminal statute that made it unlawful to perform dilation-and-evacuation and similar abortion procedures even though the risks of mortality and morbidity to the pregnant person are significantly lower than induced-labor procedures. A close reading of Stenberg v.

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SCOTUSBlog

NOVEMBER 2, 2022

The government argues that although enablement inquiry requires some factual findings, it also includes questions of law, and the Federal Circuit properly set aside a jury verdict favoring Amgen on legal grounds. Louisiana , 21-993. relisted after the Oct. 28 conference). Returning Relists. Natural Resources Defense Council, Inc.

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ClimateChange-ClimateLaw

JUNE 8, 2021

Supreme Court held that the Fourth Circuit Court of Appeals erred when it concluded that its review of the remand order in Baltimore’s climate change case against fossil fuel companies was limited to determining whether the defendants properly removed the case under the federal officer removal statute. Renewable Fuels Association v.

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ClimateChange-ClimateLaw

APRIL 9, 2021

In Minnesota, the district court granted the State of Minnesota’s motion to remand its case, which asserts state law claims under common law and consumer protection statutes. s consumer protection statute. Louisiana Appellate Court Reversed Remand of Chemical Plant Air Permits to Agency. Frosh , No. County of Mono v.

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SCOTUSBlog

JANUARY 6, 2022

7 on whether the mandates can remain in place while challenges to their legality continue in the lower courts. A federal district court in Missouri put the rule on hold for 10 states, while a federal district court in Louisiana did the same for 14 other states. Several challenges to the rule followed.

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ClimateChange-ClimateLaw

MAY 7, 2021

Circuit majority opinion’s interpretation was foreclosed by the statute and violated separation of powers. Circuit in 2016 signaled that the legal framework for the Clean Power Plan “hinges on important issues of federal that EPA then—and the court below now—got so wrong this Court was likely to grant review.” County of Maui v.

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Court Government Construction Litigation 40

ClimateChange-ClimateLaw

JULY 2, 2021

Louisiana Federal Court Blocked Biden Administration “Pause” on New Oil and Gas Leases. The federal district court for the Western District of Louisiana issued a nationwide preliminary injunction barring the Biden administration from implementing a “Pause” on new oil and natural gas leases on public lands or in offshore waters.

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JonathanTurley

NOVEMBER 29, 2021

Despite annual columns questioning such apocalyptic predictions, which often seemed more political than legal, the granting of Dobbs led me to write my first “this could be it” column. The Biden administration returned to ask for an injunction from the same justices a few weeks later and for a ruling on the statute.

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ClimateChange-ClimateLaw

AUGUST 4, 2021

Washington Supreme Court Said Climate Activist Was Entitled to Present Necessity Defense Based on Evidence that Legal Alternatives Were Not “Truly Reasonable”. The court also noted that states and localities “expressly maintain control over the local distribution of natural gas under related federal statutes” such as the Natural Gas Act.

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SCOTUSBlog

NOVEMBER 29, 2021

By contrast, legislatures can pass new laws if they disagree with a court’s interpretation of a statute.). Louisiana , the court ruled that the Sixth Amendment establishes a right to a unanimous jury that applies in both federal and state courts, overturning a prior ruling from 1972. Last year, in Ramos v.

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Stare Decisis Court Laws Statute 144

ClimateChange-ClimateLaw

FEBRUARY 10, 2020

Circuit to hold the cases in abeyance was to allow the federal district for the District of Columbia to resolve cases challenging NHTSA’s action that raise similar legal issues. The court found that the plaintiff, who did not allege any legally cognizable relationship with the community college, had failed to allege Article III standing.

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ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

The New Jersey court also found no basis for Grable jurisdiction, rejecting the companies’ arguments that the City’s claims necessarily raised substantial and actually disputed issues of federal law such as First Amendment issues or issues addressed by federal environmental statutes. The states appealed the dismissal of the case.

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ClimateChange-ClimateLaw

MARCH 6, 2018

Louisiana Federal Court Halted Work on Crude Oil Pipeline in Swamp Area. The federal district court for the Middle District of Louisiana enjoined work on the Bayou Bridge Pipeline in the Atchafalaya Basin in Louisiana. Energy & Environment Legal Institute v. Alaska Oil & Gas Association v. C20134963 (Ariz.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

The Second Circuit agreed with the district court that the plaintiff lacked standing because he failed to allege an injury in fact since he “never explained why he had any legal right to have the document distributed.” EPA’s brief is due December 15. National Environmental Development Association’s Clean Air Project v. Williams , No.

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ClimateChange-ClimateLaw

NOVEMBER 7, 2017

Department of Energy’s (DOE’s) authorization of liquefied natural gas (LNG) exports from three facilities in Louisiana, Maryland, and Texas. The court also granted motions to strike the state law claims pursuant to California’s anti-SLAPP (Strategic Lawsuits Against Public Participation) statute. In an unpublished decision, the D.C.

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