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German court rules double jeopardy statute unconstitutional

JURIST

Originally, the law allowed four reasons for reopening a case: forgery of documents, false statements by a witness, judicial negligence or valid confessions post-trial. In 2021, the Bundestag added a fifth provision. However, the court found the 2021 reform conflicted with Article 103 of the Basic Law.

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US Supreme Court Rules Germany Entitled to State Immunity in the Nazi Art Case

Constitutional Law Reporter

S. _ (2021), the U.S. Supreme Court held that Germany was entitled to State immunity in a lawsuit seeking compensation for the forced sale of medieval art known as the “Welfenschatz” during the rise of Nazi Germany. The justices remanded the case back to the lower court to consider the latter argument. Philipp , 592 U.

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Divided Court Rules U.S. Railroad Retirement Board Decision Subject to Judicial Review

Constitutional Law Reporter

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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Supreme Court Limits Standing for Class-Action Suits Under FCRA

Constitutional Law Reporter

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. Robins, 578 U.S.

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Supreme Court Rules States Can’t Challenge Federal Immigration Policy

Constitutional Law Reporter

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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Divided Court Stays OSHA Vaccine or Test Mandate While Allowing CMS Vaccination Rule to Proceed

Constitutional Law Reporter

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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Supreme Court orders new review of Florida, Texas social media laws

JURIST

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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