Constitutional Law Reporter

JUNE 16, 2021

593 U.S. _ (2021) , the U.S. Supreme Court held that a district court does not have the discretion to deny or reduce the costs awarded by an appellate court under Federal Rule of Appellate Procedure 39. In San Antonio v. Hotels.com, L.P., The justices’ decision was unanimous. Facts of the Case.

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Constitutional Law Reporter

FEBRUARY 22, 2021

S. _ (2021), a divided U.S. Supreme Court held that a refusal by the U.S. The decision represents the first 5-to-4 split in a case argued during the Court’s 2020-21 term. The post Divided Court Rules U.S. Railroad Retirement Board Decision Subject to Judicial Review appeared first on Constitutional Law Reporter.

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JonathanTurley

SEPTEMBER 9, 2021

I discuss this type of failure to protect public forums in my forthcoming law review article, Jonathan Turley, Harm and Hegemony: The Decline of Free Speech in the United States , 45 Harvard Journal of Law and Public Policy (2021). 19-CV-03605 (NSR), 2021 WL 2856515, at *6 n.4 July 7, 2021). See Smith v.

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ClimateChange-ClimateLaw

APRIL 8, 2022

On February 8, 2022, the Chamber of Deputies of the Italian Republic gave its final approval to the proposed constitutional law A.C.3156-B 3156-B providing environmental protection amendments to Articles 9 and 41 of the Italian Constitution. By Riccardo Luporini, Matteo Fermeglia, and Maria Antonia Tigre. In Neubauer, et al.

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SCOTUSBlog

MARCH 7, 2022

4, 2021, likely would have allowed Republicans to pick up two seats in the state’s congressional delegation – giving them as many as 10 of the state’s 14 seats. Non-profits and a group of mostly Democratic voters challenged the map in state court as an illegal partisan gerrymander that violated the state’s constitution.

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Constitutional Law Reporter

APRIL 26, 2021

On April 9, 2021, the U.S. Supreme Court ruled in Tandon v. S. _ (2021) that California’s COVID-19 restrictions on religious gatherings in homes likely run afoul of the First Amendment’s Free Exercise Clause. Newsom , 593 U. Facts of the Case. Citing Judge Gorsuch in South Bay United Pentecostal Church v. Newsom, 592 U.

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JonathanTurley

MAY 26, 2022

There is a controversial decision out of a French administrative court this week to suspend a policy allowing for Muslim women to wear “burkinis” in municipal pools in the city of Grenoble. The court ruled that such policies “undermin[ed] secularism.”

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Constitutional Law Reporter

SEPTEMBER 15, 2021

S. _ (2021), the U.S. By a vote of 5-4, the justices held that only a plaintiff concretely harmed by a defendant’s violation of the Fair Credit Reporting Act (FCRA) has Article III standing to seek damages against that private defendant in federal court. In TransUnion LLC v. Ramirez , 594 U.

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JonathanTurley

MAY 9, 2021

Notably, the court recognizes the obvious First Amendment implications of its decision but quickly dismisses any such concerns on practical grounds: “Further, and viewed pragmatically, the presence of the confederate flag is a symbol inflaming the already strained relationship between the parties.

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JonathanTurley

FEBRUARY 13, 2023

Some congressional Democrats have pushed for similar federal reparations and passed a bill out of the House Judiciary Committee in 2021 that failed to receive a floor vote. 469 (1989), the Supreme Court struck down a set-aside for minority businesses due to a lack of evidence of specific injuries. In City of Richmond v.

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Constitutional Law Reporter

JULY 12, 2023

Supreme Court ruled that Texas and Louisiana lacked standing to challenge a Biden Administration immigration enforcement policy. According to the eight-member majority, “federal courts are generally not the proper forum for resolving claims that the Executive Branch should make more arrests or bring more prosecutions.”

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SCOTUSBlog

JUNE 27, 2023

By a vote of 7-2, the justices ruled that the state courts had applied the wrong test to determine whether Counterman’s statements were “true threats,” which are not protected by the First Amendment. Counterman came to the Supreme Court last summer, asking the justices to weigh in.

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JonathanTurley

DECEMBER 27, 2023

There are a number of new laws that will kick in in 2024, but one of the most interesting fights are likely to over the new California law requiring stores with more than 500 employees to carry “gender-neutral” toys over face state fines. The law , signed by Gov. In 2014, in Burwell v.

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Constitutional Law Reporter

FEBRUARY 1, 2022

Missouri , the Court ruled that the Centers for Medicare & Medicaid Services (CMS) rule should be allowed to take effect nationwide as the lower courts consider legal challenges. The rule thus fits neatly within the language of the statute.”. However, held in Biden v.

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JonathanTurley

MAY 24, 2022

Now, after a major court ruling against the university , an arbitrator has awarded Negy all back pay and benefits from the time of his firing. To the contrary, the university issued a statement that indicated that it is undeterred by the adverse court rulings. That is good news.

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JonathanTurley

FEBRUARY 5, 2024

The southern border in 2024 is, constitutionally, suffering no more an “invasion” than the Capitol riot in 2021 was an “insurrection.” There is a difference between the colloquial and constitutional meaning of such terms. States have also tried to go to court to enforce these laws in cases like Arizona v.

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JonathanTurley

JULY 27, 2021

Stutzman the owner added a religious hostility claim after Masterpiece cakeshp but on June 6, 2019, the Washington Supreme Court unanimously ruled against Stutzman. Then the Supreme court denied certiorari in July 2021. On June 15, 2021, a Colorado District Court ruled in Scardina v.

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JonathanTurley

DECEMBER 31, 2022

On December 30, the United States Court of Appeals for the Eleventh Circuit handed down a major opinion in in Adams v. The court ruled 7-4 against a statutory and constitutional challenge of a transgender student to a district policy requiring students to use bathrooms corresponding to their biological sex.

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JonathanTurley

AUGUST 30, 2024

” The Court ruled that “it is a highly appropriate function of a public school education to prohibit the use of vulgar and offensive terms in public discourse.” ” While the Court had found that “F**k the Draft” was protected for adults in Cohen v.

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JonathanTurley

JULY 11, 2023

For reasons the Biden administration has yet to explain, it appears to have ignored the law, according to the House committee. Under the five-year terms granted in 2016, these directors had to be reappointed by Becerra by December 2021. 12, 2021, to do even the most mundane tasks as a director.

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JURIST

JULY 1, 2024

The US Supreme Court on Monday vacated and remanded lower court rulings regarding the constitutionality of statutes enacted by Florida and Texas to regulate large social media companies’ content moderation practices. Key to the court’s ruling in Moody v.

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JonathanTurley

MARCH 26, 2022

It is important to note that Republicans have also had courts rule against them in states like North Carolina and Pennsylvania). The court found that, in their 2021 Congressional Plan, the Democrats not only violated Maryland law but the state constitution’s equal protection, free speech and free elections clauses.

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JonathanTurley

APRIL 27, 2021

Brian Fung, “Twitter permanently bans Project Veritas account, ” CNN.COM (February 11, 2021), [link]. com/2021/02/11/tech/twitter-project-veritas/index.html; Ana Cabrera 3 (@AnaCabrera), Twitter (February 11, 2021), [link] /anacabrera/status/1359977301312761857?lang=en.

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SCOTUSBlog

DECEMBER 31, 2022

From legendary lawyers to lesser-known activists, journalists, and plaintiffs, the following individuals who died in 2022 all shaped the court and the law in their own ways. Read past years’ remembrances: 2021 , 2020. Jackson Women’s Health Organization , David Beckwith published the original Supreme Court abortion leak.

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JonathanTurley

JANUARY 3, 2022

After Dobbs was accepted, advocates sought to enjoin a Texas law that banned abortion after just six weeks. The court ruled 5-4 to allow the Texas law to be enforced. The court — as expected — allowed the appeal to go forward for some of the litigants in the lower court but again refused to enjoin the law.

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JonathanTurley

OCTOBER 3, 2022

Here is the column: Justice Ruth Bader Ginsburg once said, “It’s hard not to have a big year at the Supreme Court.” That is, of course, manifestly true for the highest court in the land. That certainly was the case in 2021-22, with historic decisions on abortion, gun rights, climate change and other issues. Bollinger.).

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JonathanTurley

MARCH 2, 2025

In 2020, the Court ruled in Seila Law LLC v. Then, in 2021, in Collins v. Yellen , the Court rejected the same claim as to the director of the FHFA. That opinion came with directly opposing language to Jacksons rationale.

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Above The Law

JANUARY 24, 2025

Biden appointed the most judges to the Second Circuit in 2021, to the Ninth in 2022, and even had one judge begin active service in 2025 ( Embry Kidd in the Eleventh Circuit). The aspects I examined in each decision were the case details, outcome, area(s) of law, and the ideological leaning that each decision conveys. 5 Tangreti v.

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JonathanTurley

JUNE 17, 2022

In addition to declaring former President Donald Trump clearly guilty of the attempt to murder Vice President Mike Pence on January 6, 2021, Tribe is again assuring viewers that “without any doubt, beyond a reasonable doubt, beyond any doubt, and the crimes are obvious.” Vallejo, 2021 Cal. ” I guess there is no doubt.

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JonathanTurley

MARCH 31, 2021

That claim runs directly counter to the controlling case law. In 2011, the court ruled 8-1 in favor of Westboro Baptist Church, an infamous group of zealots who engaged in homophobic protests at the funerals of slain American troops. In Brandenburg v.

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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”. Spokane County District Court , No. July 15, 2021). The First Circuit vacated the stay order and remanded to the district court. Conservation Law Foundation v.

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JonathanTurley

JANUARY 19, 2025

However, in 1981, a federal district court ruled in Idaho v. The Supreme Court later stayed that order but then declared the matter moot.) In 2021 federal Judge Rudolph Contreras ruled that it would have been absurd for the Archivist to disregard the deadline and unilaterally add the unratified amendment to the Constitution.

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JonathanTurley

JULY 8, 2024

As it has in the past, the court adopted a three-tiered approach to presidential powers based on the source of a presidential action. Sawyer , in which the court ruled against President Harry Truman’s takeover of steel mills. In defining official functions, the Court referenced constitutional and statutory authority.

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JonathanTurley

JUNE 9, 2022

Nothing could be more damaging to the litigation and the federal courts quickly rejected the CDC and Tribe arguments. The Supreme Court ruled 6-3 that the order was unconstitutional. this year, a federal court vacated the results of the Department of the Interior’s Bureau of Ocean Energy Management’s lease sale rule.

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JonathanTurley

JANUARY 18, 2025

However, in 1981, a federal district court ruled in Idaho v. The Supreme Court later stayed that order but then declared the matter moot.) So, Democrats and then-President Carter simply extended the deadline to June 30, 1982. Freeman that Congress could not extend the ERAs ratification deadline.

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