Constitutional Law Reporter

JUNE 3, 2022

S. _ (2022), the U.S. Section 6 of the FAA provides that any application under the statute—including an application to stay litigation or compel arbitration—’shall be made and heard in the manner provided by law for the making and hearing of motions’ (unless the statute says otherwise),” Justice Kagan wrote. “A

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SCOTUSBlog

JUNE 27, 2022

But the Texas statute, and the rationales set forth in English and Duke , are outliers.” Graphic courtesy of Hastings Constitutional Law Quarterly, Saul Cornell, “History and Tradition or Fantasy and Fiction: Which Version of the Past Will the Supreme Court Choose in NYSRPA v. June, 2022).

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Conflict of Laws

JUNE 10, 2024

The first article authored by Dr. El Hadji Samba Ndiaye (Université de Cheikh Anta Diop de Dakar) is dedicated to La double nationalité des Africains subsahariens et les conflits de lois en matière de statut personnel (Dual nationality of sub-Saharan Africans and conflicts of law in matters of personal status).

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Constitutional Law Reporter

MAY 14, 2024

450 (2022). All this “complexity and uncertainty” would “‘breed[] litigation from a statute that seeks to avoid it.’” The post SCOTUS Clarifies Reach of FAA Exemption for Transportation Workers appeared first on Constitutional Law Reporter. Adams , 532 U.S. Saxon , 596 U.S.

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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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Constitutional Law Reporter

DECEMBER 14, 2022

1983 ; and (2) whether, assuming spending clause statutes ever give rise to private rights enforceable via Section 1983, the Federal Nursing Home Amendments Act of 1987 ’s transfer and medication rules do so.” Norfolk Southern Railway Co.:

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Constitutional Law Reporter

AUGUST 13, 2024

922(g)(8) , a federal statute that prohibits individuals subject to a domestic violence restraining order from possessing a firearm. The post SCOTUS Clarifies Bruen in Upholding Federal Gun Law appeared first on Constitutional Law Reporter. Facts of the Case Zackey Rahimi was indicted under 18 U.S.C. Bruen , 597 U.S.

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Constitutional Law Reporter

FEBRUARY 15, 2022

Kijakazi , 595 U.S. _ (2022), the U.S. The post SCOTUS Rejects Claims of Dual-status Military Technician appeared first on Constitutional Law Reporter. In Babcock v. 415(a)(7)(A)(III). Justice Neil Gorsuch dissented from the eight-member majority’s opinion. Facts of the Case. The Court ultimately concluded it was not.

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JonathanTurley

JULY 3, 2022

Jackson Women’s Health Organization , I noted that it would be even harder to use this law because the statute refers to “interfering with, obstructing, or impeding the administration of justice, or with the intent of influencing any judge … in the discharge of his duty.” Dobbs came out on June 24, 2022.

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Constitutional Law Reporter

JANUARY 25, 2024

” Paragraph (1) of section 1229(a) requires a single notice document that contains all the information specified in the statute, including the “time and place” of proceedings. The post SCOTUS Kicks Off January 2024 Session With Five Cases appeared first on Constitutional Law Reporter. In Siegel v.

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JonathanTurley

JUNE 9, 2023

” The problem, however, is that this is just like the transport of migrants to Martha’s Vineyard in September 2022, which a number of Democratic leaders and legal experts insisted was also a clear case of kidnapping and human trafficking. .” Newsom added in the tweet: “You small, pathetic man.

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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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Court Constitutional Law Laws Legal 40

JonathanTurley

JANUARY 29, 2022

Only upon satisfactory completion of this program would Plaintiff be allowed to return to class in Fall, 2022. COUNT II Violation of University of Illinois Statutes. The trainer would provide “feedback regarding Professor Kilborn’s engagement and commitment to the goals of the program.” Here is the complaint: Jason-Kilborn-v.-University-of-Illinois-Chicago-—-Complaint1.

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Patently O

SEPTEMBER 26, 2022

It is time to pick-up our consideration of Supreme Court patent cases for the 2022-2023 term. 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. 2022) (written description). by Dennis Crouch. American Axle (cert denied).

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Constitutional Law Reporter

DECEMBER 19, 2022

Court of Appeals for the 2nd Circuit’s “right to control” theory of fraud — which treats the deprivation of complete and accurate information bearing on a person’s economic decision as a species of property fraud — states a valid basis for liability under the federal wire fraud statute.”. United States v. Please check back for updates.

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JonathanTurley

JANUARY 14, 2024

District Judge Kathryn Kimball Mizelle has ruled that the federal law prohibiting people from possessing firearms inside post offices is unconstitutional. The ruling is based on 2022 Supreme Court ruling New York State Rifle & Pistol Association v. The case concerned Emmanuel Ayala, U.S. 18 U.S.C. § 18 U.S.C. §

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SCOTUSBlog

JUNE 23, 2022

Respondent Rebecca Harper and 25 other North Carolina voters sued in state court to prevent the new map from taking effect, arguing that the map violated various provisions of the North Carolina constitution and represented an unlawful partisan gerrymander. We should know Monday. The issue at stake in MOAC Mall Holdings LLC v.

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Constitutional Law Reporter

NOVEMBER 28, 2022

. § 2255 , federal inmates can collaterally challenge their convictions on any ground cognizable on collateral review, with successive attacks limited to certain claims that indicate factual innocence or that rely on constitutional-law decisions made retroactive by the Court. Please check back for updates.

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Constitutional Law Reporter

DECEMBER 9, 2022

Gonzalez , which involves the scope of Section 230 of the Communications and Decency Act of 1996 , a statute that predates the rise of platforms like Twitter, Google, and YouTube. Supreme Court granted certiorari on October 3, 2022. Supreme Court recently agreed to consider Google v. Issues Before the Supreme Court.

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Constitutional Law Reporter

DECEMBER 27, 2021

Board of Education, in which the Court overruled precedent and established new constitutional law. Decisions in all of the cases are expected by the end of the term in June 2022. The post Abortion Rights Took Center Stage During Busy Week for Supreme Court appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

JANUARY 3, 2022

Board of Education, in which the Court overruled precedent and established new constitutional law. Decisions in all of the cases are expected by the end of the term in June 2022. The post Abortion Rights Took Center Stage During Busy Week for Supreme Court appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

AUGUST 2, 2023

In 2022, as the COVID–19 pandemic came to its end, the Secretary invoked the HEROES Act to issue “waivers and modifications” reducing or eliminating the federal student debt of most borrowers. The post Student Loan Forgiveness Program Fails to Survive Supreme Court Scrutiny appeared first on Constitutional Law Reporter.

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JonathanTurley

FEBRUARY 9, 2024

Under Section 134-25 of the Hawaii Revised Statutes, “all firearms” must be “confined to the possessor’s place of business, residence, or sojourn.” Bruen (2022) and Circuit Court Judge Kirstin Hamman dismissed the charges with prejudice. 22-caliber pistol in his “front waist band.”

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Constitutional Law Reporter

MARCH 21, 2022

S. _ (2022), the U.S. Court of Appeals for the 6th Circuit erred in denying the Kentucky attorney general’s motion to intervene on the commonwealth’s behalf in litigation concerning Kentucky House Bill 454, the state’s controversial abortion law. In Cameron v. EMW Women’s Surgical Center , P.S.C., Supreme Court held that the U.S.

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Constitutional Law Reporter

NOVEMBER 11, 2021

The specific question before the Court is whether a state attorney general vested with the power to defend state law should be permitted to intervene after a federal court of appeals invalidates a state statute when no other state actor will defend the law. Thompson v. We encourage readers to check back for updates.

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Constitutional Law Reporter

APRIL 2, 2024

Idaho Code § 18-622 (section 622), entitled the “Defense of Life Act,” makes it a crime for anyone to perform an abortion unless a physician acts within exceptions that the statute enumerates. Jackson Women’s Health Organization , section 633 presumptively took effect on August 25, 2022.

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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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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. Maria Marcus (June 23, 1933 – April 27, 2022). And in 1981, she wrote one of the first law-review articles on domestic violence. David Beckwith (Oct.

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Constitutional Law Reporter

MARCH 29, 2022

Fazaga , 595 U.S. _ (2022), the U.S. The post Supreme Court Sides with FBI in State Secrets Privilege Case appeared first on Constitutional Law Reporter. In Federal Bureau of Investigation v.

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JonathanTurley

JANUARY 8, 2023

On January 6, 2022, the Fifth Circuit handed down its decision rejecting the rule. But even if we are wrong, the statute is at least ambiguous in this regard. And if the statute is ambiguous, Congress must cure that ambiguity, not the federal courts. As noted above, we conclude that it unambiguously does not.

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Constitutional Law Reporter

JUNE 9, 2022

Garland , 596 U.S. _ (2022), the U.S. 1255 , which would have made Patel and his wife lawful permanent residents. Patel argued before an Immigration Judge that he had mistakenly checked the “citizen” box on the state application and thus lacked the subjective intent necessary to violate the federal statute. In Patel v.

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SCOTUSBlog

MARCH 25, 2025

The statute creating the Universal Service Fund outlines the general policy that Congress wanted the agency to follow for example, ensuring that internet and telephone services are affordable, providing reasonably comparable services to rural areas, and making sure that schools and libraries have access to those services.

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JonathanTurley

JULY 12, 2022

lawyers, legal scholars, and law schools have to reckon with how to practice, teach, and understand law without falling into complicity with lawlessness. 12:25 PM · Jul 10, 2022 · Twitter Web App. We have to show how commitments to individual dignity and pluralist democracy are what make law ethically and politically valuable.

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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

JANUARY 31, 2025

Bush appointee), Judge Edith Hollan Jones relied on the 2022 decision in Bruen to find that the prohibition was not grounded in the historical tradition of the amendment: Ultimately, the text of the Second Amendment includes eighteen-to-twenty-year-old individuals among the people whose right to keep and bear arms is protected.

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JonathanTurley

JUNE 17, 2022

Gillespie, 2022 Cal. LEXIS 3055 *, 2022 WL 1564200. The Court wrote that “[s] ince the statute does not specify the elements of “attempt to kill,” they are those required for an “attempt” at common law, … which include a specific intent to commit the unlawful act. See People v.

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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). This reflects a pragmatic and arguably conservative judicial approach to patent law, consistent with modern trends in 101 jurisprudence. #2 2 Gociman v.

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