Constitutional Law Reporter

NOVEMBER 1, 2022

McDonough: The case involves whether the doctrine of equitable tolling applies to a statute governing veteran benefits. The specific question the Court will decide is” [w]hether the state of Alabama’s 2021 redistricting plan for its seven seats in the United States House of Representatives violated Section 2 of the Voting Rights Act.”.

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Constitutional Law Reporter

DECEMBER 4, 2023

Rahimi, will decide whether a federal law banning the possession of guns by individuals who are subject to domestic violence restraining orders is constitutional. Facts of the Case Between December 2020 and January 2021, Zackey Rahimi was involved in five shootings in and around Arlington, Texas. In the light of N.Y.

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Constitutional Law Reporter

MARCH 10, 2025

On November 2, 2021, USAC proposed its Q1 2022 USF contribution amount. On December 13, 2021, the FCC issued a public notice of its Proposed Q1 2022 USF Tax, which was derived directly from USAC’s proposed contribution amount. The post SCOTUS to Revisit Non-Delegation Doctrine appeared first on Constitutional Law Reporter.

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Patently O

FEBRUARY 28, 2021

Supreme Court 2021). On Monday, March 1, 2021 , the Supreme Court will hear oral arguments in this important case focusing on administrative power of the USPTO Patent Trial & Appeal Board. I contacted my Mizzou Colleague and Constitutional Law Scholar Prof. Saul is set for oral arguments on March 3, 2021.

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LexForti

OCTOBER 4, 2021

Now the Division Bench of the Madras High Court passed an interim order on 2 nd August 2021. Court said that the said batch of Petitions are yet to be disposed; i.e., will be getting disposed on 4 th October 2021. The Court recognized that Section 31D was brought up by the Copyright Amendment Act 2021. Final Finding.

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Constitutional Law Reporter

JANUARY 6, 2025

To eliminate the financial burden that reservists face when called to active duty at pay rates below their federal civilian salaries, Congress enacted the differential pay statute, 5 U.S.C. The post SCOTUS Ends Oral Arguments for 2024 With Four Cases appeared first on Constitutional Law Reporter. ” In Adams v. .”

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Constitutional Law Reporter

MAY 30, 2023

In such actions where the Commission elects to institute administrative proceedings to address statutory violations, it typically delegates the initial adjudication to an Administrative Law Judge (ALJ) with authority to resolve motions, hold a hearing, and then issue a decision. Citing Carr v. Saul , 593 U.S.

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Conflict of Laws

MAY 31, 2021

I label this approach as “strict” because my understanding of the Nigerian Supreme Court decisions on this point is that based on constitutional law a Nigerian court is confined to matters that arose within its territory, so that one State High Court cannot assume jurisdiction over a matter that occurs within another territory.

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Constitutional Law Reporter

APRIL 12, 2021

S. _ (2021), the U.S. The statute separately prohibits calls using “an artificial or prerecorded voice” to various types of phone lines, including home phones and cell phones, unless an exception applies. The post US Supreme Court Sides with Facebook in TCPA Case appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

SEPTEMBER 3, 2024

However, the Court remanded the cases back to the lower courts after concluding that neither court properly analyzed “the facial First Amendment challenges” to the laws. Facts of the Case In 2021, Florida and Texas enacted statutes regulating large social-media companies and other internet platforms.

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LexForti

DECEMBER 16, 2021

John Vithayathi, who is currently pursuing his LLM degree from NUALS, Kochi, analyses the role of unwritten Constitutional principles in Indian Jurisprudence, vis-à-vis the Canadian Position. Ontario (Attorney General) , 2021 S.C.C. Union of India , 2021 (377) ELT 305 (S.C.), Introduction. 34 (Can)] recently. Nagaraj and Ors.

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Constitutional Law Reporter

SEPTEMBER 15, 2021

S. _ (2021), the U.S. Moreover, the Court has rejected the proposition that “a plaintiff automatically satisfies the injury-in-fact requirement whenever a statute grants a person a statutory right and purports to authorize that person to sue to vindicate that right.” In TransUnion LLC v. Ramirez , 594 U. Robins, 578 U.S.

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Constitutional Law Reporter

FEBRUARY 22, 2021

S. _ (2021), a divided U.S. In support, justice Sotomayor emphasized that the statute in Your Home did not implicate the presumption in favor of judicial review and was narrower than §231g, which simply incorporates §355(f ) into the RRA. In Salinas v. United States Railroad Retirement Board , 592 U. Legal Background. 449 (1999).

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Conflict of Laws

MAY 9, 2023

In a nutshell, according to the Italian Constitutional Court, the fundamental human rights cannot be automatically and unconditionally sacrificed in each and every case in order to uphold the jurisdiction immunity of a foreign State allegedly responsible for serious international crimes.

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JonathanTurley

JANUARY 29, 2022

Kilborn was later informed that he was the subject of an investigation into “allegations of race based discrimination and harassment” for allegedly “creat[ing] a racially hostile environment for … non-white students between January, 2020 and January, 2021, particularly during your Civil Procedure II course.”.

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JonathanTurley

SEPTEMBER 27, 2021

On the one hand, certain forms of speech, or speech in certain contexts, has been considered outside the scope of constitutional protection. Schools, however, can sometimes limit students’ right to free speech and expression when necessary to achieve legitimate educational goals. In Mahanoy Area School District v.

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Constitutional Law Reporter

SEPTEMBER 22, 2021

Department of Health and Human Services , 594 U.S. _ (2021), the U.S. Supreme Court struck down the federal government’s ban on evictions, which was scheduled to last until October 3, 2021. The moratorium expired on July 31, 2021. In Alabama Association of Realtors v. “Their answers impact the health of millions.”.

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Patently O

SEPTEMBER 26, 2022

A quick recap: Despite dozens of interesting and important cases, the Supreme Court denied all petitions for writ of certiorari for the 2021-2022 term. Bottom line, no patent cases were decided by the Court in the 2021-2022 term and none were granted certiorari for the new term starting this week. American Axle (cert denied).

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Constitutional Law Reporter

JULY 12, 2023

The States of Texas and Louisiana claim that the Guidelines contravene two federal statutes that they contend require the arrest of certain noncitizens upon their release from prison ( 8 U.S.C. The Constitution affords federal courts considerable power, but it does not establish ‘government by lawsuit,’” Gorsuch wrote. 1231(a)(2) ).

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Constitutional Law Reporter

FEBRUARY 1, 2022

On November 4, 2021, OSHA published an emergency temporary standard implementing the Biden Administration’s mandate that all employers with 100 or more employees require vaccination or, as an alternative, weekly testing. The rule thus fits neatly within the language of the statute.”.

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Constitutional Law Reporter

AUGUST 2, 2023

Borrowers with eligible federal student loans who had an income below $125,000 in either 2020 or 2021 qualified for a loan balance discharge of up to $10,000. The post Student Loan Forgiveness Program Fails to Survive Supreme Court Scrutiny appeared first on Constitutional Law Reporter.

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JonathanTurley

JULY 27, 2021

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

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Constitutional Law Reporter

OCTOBER 18, 2021

Supreme Court will return to the bench on October 4, 2021, and conduct oral arguments in person for the first time since March 2020. The post Previewing the US Supreme Court’s October Sitting appeared first on Constitutional Law Reporter. We will be closely following these cases, as well as the others on the Court’s docket.

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JonathanTurley

DECEMBER 31, 2022

On the Title IX issue, the court held that the statute allows schools to provide separate bathrooms on the basis of biological sex. Johns Cnty., 4th 1299, 1303–04 (11th Cir. at 1321 (Pryor, C.J., dissenting). We then granted the School Board’s petition for rehearing en banc and vacated the panel’s revised opinion. Adams ex rel. Johns Cnty.,

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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. NetChoice is the distinction between facial and as-applied challenges under US constitutional law.

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Constitutional Law Reporter

APRIL 8, 2025

Sales have grown exponentially, with law enforcement agencies reporting a dramatic increase in untraceable ghost guns used in crimesfrom 1,600 in 2017 to more than 19,000 in 2021. Instead, [the plaintiffs] burden is to show that the Rule itself is inconsistent with the statute on its face.’ has two requirements.

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Constitutional Law Reporter

JANUARY 10, 2024

Circuit Court of Appeals’ interpretation of a federal statute prohibiting obstruction of congressional inquiries and investigations. The law has been used in the prosecutions of numerous defendants charged in connection with the Jan. The post SCOTUS to Consider Obstruction Statute at Issue in Jan. United States. 1512(c)(2).

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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. David Beckwith (Oct. 30, 1942 – Oct. Forty-nine years before the leaked opinion in Dobbs v.

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JonathanTurley

DECEMBER 15, 2021

“[t]he CVA effectively strips defendants of any timeliness defense so long as the conduct over which they are sued constitutes a sexual offense under Article 130 or violations of other enumerated statutes. 2021); Torrey v. See Giuffre v. Dershowitz , No. 19-cv-03377-LAP (S.D.N.Y. See, e.g., PB-36 Doe v. 3d 242, 248 (N.Y.

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JonathanTurley

MARCH 2, 2025

The various inspector generals were also terminated and, at the time, some of us raised concerns over compliance with underlying federal statutes. Judge Jackson held that the firing clearly violated the controlling statute and that the Act itself was constitutional. Then, in 2021, in Collins v.

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Above The Law

MARCH 7, 2025

Jackson also inquired about the potential impact of a ruling on the statute of limitations and how courts should approach medical expertise when evaluating agency decisions, especially regarding the safety and efficacy of drugs. Her inquiries aim to clarify the laws structure, urging a closer examination of its effects on different groups.

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JonathanTurley

APRIL 2, 2022

Judge Carter was praised for his “ simple clarity ” in declaring that “it is more likely than not that President Trump corruptly attempted to obstruct the Joint Session of Congress on January 6, 2021.” 6, 2021, rally near the White House. Judge Carter notes that Eastman still believes that the statute is unconstitutional as written.

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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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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.

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JonathanTurley

MARCH 31, 2021

COUNT FOUR (Violation of a Public Safety Statute: D.C. COUNT FIVE (Violation of a Public Safety Statute: D.C. ” Imagine what would happen to free speech in the United States if people could be sued for their “suggestive words and encouragement” for third parties who later violate the law.

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ClimateChange-ClimateLaw

AUGUST 4, 2021

The Supreme Court called the appellate court’s conclusion that there are always reasonable legal alternatives to disobeying constitutional laws “untenable,” and held that “reasonable legal alternatives” must be effective. July 15, 2021). Conservation Law Foundation v. July 1, 2021). July 19, 2021).

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