Constitutional Law Reporter

JUNE 22, 2023

Hennepin County , 598 U.S. _ (2023), the U.S. Supreme Court held that the government can’t keep the profits of properties sold to satisfy tax debts. The District Court dismissed the suit for failure to state a claim, and the Eighth Circuit affirmed. Supreme Court’s Decision The Supreme Court reversed. In Tyler v.

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Constitutional Law Reporter

MAY 30, 2023

Supreme Court’s decision in Axon Enterprise, Inc. Federal Trade Commission , 598 U.S. _ (2023), allows federal district courts to consider constitutional challenges to administrative proceedings prior to the issuance of final rulings. Cochran’s and Axon’s suits were both dismissed for lack of jurisdiction.

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Constitutional Law Reporter

SEPTEMBER 8, 2023

Hansen , 599 U.S. _ (2023), the U.S. Supreme Court upheld a federal law that criminalizes “encouraging or inducing” an immigrant to come or remain in the United States unlawfully. According to the Court, the law does not run afoul of the First Amendment. In United States v.

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Constitutional Law Reporter

OCTOBER 18, 2023

Supreme Court next term. The justices recently granted certiorari in two cases challenging state laws that restrict social media companies’ ability to moderate content on their platforms. The key issue before the Court is whether the Texas and Florida laws violate the First Amendment. The court held that S.B.

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Conflict of Laws

APRIL 27, 2023

On Monday, May 8, 2023, the Hamburg Max Planck Institute will host its 33th monthly virtual workshop Current Research in Private International Law at 3 :00 p.m. – 5 :00 p.m. The discussion discussion will be in German. After opening statements from the panelists, the discussion will be opened to the audience.

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Constitutional Law Reporter

DECEMBER 29, 2022

Supreme Court recently added to its growing list of high-profile intellectual property cases, agreeing to consider Jack Daniel’s Properties, Inc. Issues Before the Supreme Court. However, the Supreme Court is expected to issue a decision before the term ends in June 2023. VIP Products LLC. 1125(c)(3)(C).

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Constitutional Law Reporter

JULY 19, 2023

Colorado , 600 U.S. _ (2023), the U.S. Supreme Court held that to establish that a statement is a “true threat” unprotected by the First Amendment, the state must prove that the defendant had some subjective understanding of the statements’ threatening nature, based on a showing no more demanding than recklessness. In Counterman v.

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Constitutional Law Reporter

DECEMBER 16, 2022

Supreme Court recently agreed to consider a case that is expected to define the scope of federal identity theft law. The specific issue before the Court in Dubin v. After a district court upheld the convictions, Dubin appealed. Issues Before the Supreme Court. Facts of the Case.

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Constitutional Law Reporter

AUGUST 28, 2023

600 U.S. _ (2023), the U.S. Supreme Court upheld the constitutionality of state laws requiring corporations operating within their borders to consent to personal jurisdiction when they register to do business in those states. According to the Court, such laws do not offend the Constitution’s Due Process Clause.

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Constitutional Law Reporter

MARCH 14, 2023

Buckley , 598 U.S. _ (2023), the U.S. Supreme Court held that debts incurred by fraud can’t be discharged in a Chapter 7 bankruptcy, even if a debtor wasn’t culpable for the fraud. Justice Amy Coney Barrett wrote on behalf of the unanimous Court. In Bartenwerfer v. Invoking Strang v. Bradner , 114 U.S. Bradner , 114 U.S.

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JonathanTurley

SEPTEMBER 14, 2023

Today I have the honor of speaking to the judges and lawyers in the 2023 Ohio Judicial conference on the Supreme Court in Columbus, Ohio. I will be discussing the last year of cases and controversies for the Court, incluiding recent and upcoming decisions. However, this is shaping up as another huge year for the Court.

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Constitutional Law Reporter

MARCH 6, 2023

Supreme Court heard oral arguments in two big cases involving Big Tech this week. The federal courts of appeal are currently split regarding whether section 230(c)(l) immunizes an interactive computer service when it makes targeted recommendations of information provided by such another party. The cases, Gonzalez v. The post U.S.

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Constitutional Law Reporter

SEPTEMBER 12, 2023

Smagin ,599 U.S. _ (2023), the U.S. Supreme Court held that a plaintiff alleges a “domestic injury” as mandated under RJR Nabisco, Inc. The District Court initially froze Yegiazaryan’s California assets before finally entering judgment against him. The Ninth Circuit Court of Appeals reversed. In Yegiazaryan v.

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Constitutional Law Reporter

JANUARY 24, 2023

Supreme Court recently agreed to consider two cases involving the Sixth Amendment to the Constitution. United States, will decide whether a defendant’s rights under the Confrontation Clause were violated when his codefendant’s redacted out-of-court confession was admitted during his trial. The first, Smith v.

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Constitutional Law Reporter

DECEMBER 6, 2023

Supreme Court heard oral arguments in three cases this week, with the Second Amendment taking center stage. In the wake of the country’s most recent mass shooting, the justices considered a case that could overturn a federal gun law. The case, United States v. 1681 et seq.,

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JonathanTurley

SEPTEMBER 30, 2023

. ——————————————————————————————- [1] Brain Bennett, Hunter Biden Sold “Illusion of Access” to Father, Former Associate Testifies , Time, July 31, 2023. [2]

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Constitutional Law Reporter

MARCH 5, 2024

Supreme Court heard oral arguments in four cases last week. While the case centers on the EPA’s regulation of interstate air pollution under the Clean Air Act, the issues before the Court are largely procedural. In 2023, the EPA disapproved the submissions of 21 states and proposed its own federal-implementation plan.

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Constitutional Law Reporter

JUNE 5, 2023

Ross , 598 U.S. _ (2023), the U.S. Supreme Court rejected a constitutional challenge to a California animal welfare law that requires pork sold in the state to come from humanely raised pigs. According to the Court, the law did not violate the dormant commerce clause in regulating the pork industry outside California.

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Constitutional Law Reporter

FEBRUARY 16, 2023

Supreme Court issued its first opinion of the 2022-2023 Term. S. _ (2023), a unanimous Court held that the effective date of an award of service-related disability compensation to a veteran of the United States military determined pursuant to 38 U.S.C. §§ 5110(a)(1) and 5110(b)(1) is not subject to equitable tolling.

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Constitutional Law Reporter

FEBRUARY 21, 2023

Supreme Court has added another high-profile case to its docket, agreeing to address the religious rights of employees. The Supreme Court granted certiorari on January 13, 2023. The Supreme Court granted certiorari on January 13, 2023. Oral arguments are scheduled for April 18, 2023. The case, Groff v.

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Constitutional Law Reporter

DECEMBER 4, 2023

Supreme Court recently heard oral arguments in its first significant Second Amendment case in two years. Rahimi, will decide whether a federal law banning the possession of guns by individuals who are subject to domestic violence restraining orders is constitutional. The case, United States v.

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Constitutional Law Reporter

APRIL 18, 2023

Sturgis Public Schools , 598 U.S. _ (2023), the U.S. Justice Neil Gorsuch wrote on behalf of the unanimous Court. After settling his administrative complaint, Perez sued in federal district court under the ADA seeking compensatory damages. As explained by the Supreme Court, Section §1415( l ) contains two key clauses.

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Constitutional Law Reporter

MAY 10, 2023

Supreme Court has concluded its oral arguments for the 2022-2023 Term. The Court’s final week included four cases, with issues ranging from bankruptcy to RICO to government takings. Below is a brief summary of the issues before the Court: Lac du Flambeau Band of Lake Superior Chippewa Indians v. 2d 1112, 1115 (7th Cir.

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Constitutional Law Reporter

APRIL 11, 2023

Pennsylvania and Wisconsin , 598 U.S. _ (2023), the U.S. Supreme Court held that uncashed MoneyGram checks are governed by the Disposition of Abandoned Money Orders and Traveler’s Check Act (FDA) and should be returned to the state where they were issued. In Delaware v. It was Justice Ketanji Brown Jackson’s first opinion.

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Constitutional Law Reporter

JUNE 26, 2023

VIP Products LLC , 599 U.S. _ (2023), the U.S. Supreme Court unanimously found that when an alleged trademark infringer uses the mark as a designation of source for its own goods or services the threshold test for expressive works established in Rogers v. Justice Elena Kagan wrote on behalf of the unanimous Court.

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Constitutional Law Reporter

JANUARY 24, 2024

Supreme Court’s January docket features several closely watched cases involving constitutional law. The Arizona Court of Appeals affirmed the conviction, holding that Longoni’s testimony did not violate the Confrontation Clause. Issues Before the Supreme Court In appealing to the U.S. In Smith v.

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Constitutional Law Reporter

AUGUST 22, 2023

600 U.S. _ (2023), the U.S. Supreme Court held that the trademark infringement provisions of the Lanham Act do not apply extraterritorially, but rather extend only to claims where the infringing use in commerce is domestic. Supreme Court’s Decision The Supreme Court reversed by a vote of 5-4. In Abitron Austria GmbH v.

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Constitutional Law Reporter

AUGUST 9, 2023

DeJoy , 600 U.S. _ (2023), the U.S. Supreme Court modified the religious accommodation standard under Title VII of the Civil Rights Act, which requires employers to accommodate the religious practice of their employees unless doing so would impose an “undue hardship on the conduct of the employer’s business.” In Groff v.

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Constitutional Law Reporter

SEPTEMBER 19, 2023

S. _ (2023), the U.S. Supreme Court held that the False Claims Act’s scienter element — which asks whether a defendant “knowingly” submitted a “false” claim to the government — refers to a defendant’s knowledge and subjective beliefs — not to what an objectively reasonable person may have known or believed. SuperValu Inc. ,

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Constitutional Law Reporter

JULY 6, 2023

United States , 599 U.S. _ (2023), the U.S. Supreme Court narrowed the scope of a federal aggravated identity theft statute. The issue before the Court was whether, in defrauding Medicaid, he also committed “[a]ggravated identity theft” under 18 U.S.C. Supreme Court’s Decision The Supreme Court sided with Durbin.

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Constitutional Law Reporter

MAY 1, 2023

United States , 598 U.S. _ (2023), the U.S. Supreme Court held that the Quiet Title Act’s statute of limitations is a claim-processing rule rather than a bright-line rule that constrains a court’s jurisdiction. Justice Sonia Sotomayor wrote on behalf of the Court. In Wilkins v. North Dakota ex rel. Board of Univ.

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JonathanTurley

MARCH 12, 2025

District Court Judge Larry Hicks dismissed the case in 2023. Now the Ninth Circuit has reversed Judge Hicks and found that Jensen is entitled to his day in court. The Court has held that, when a public employer retaliates against an employee for workplace-related speech, the First Amendment requires balanc[ing].

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Constitutional Law Reporter

OCTOBER 19, 2022

In the wake of its controversial 2021 term, all eyes will be on the Supreme Court when the justices return to the bench in October. Harper , an elections case out of North Carolina that involves how much oversight state courts may exercise over federal elections. The plaintiffs brought their claims in state court in light of the U.S.

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Constitutional Law Reporter

JANUARY 19, 2023

Supreme Court agreed to keep the federal government’s Title 42 policy in place while legal challenges continue. By a vote of 5-4, the justices stayed a lower court decision that would have lifted the policy on December 21, 2022. Circuit Court of Appeals denied the States’ motion. In Arizona et al. Alejandro Mayorkas et al.,

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Constitutional Law Reporter

AUGUST 28, 2023

the United States , 599 U.S. _ (2023), the U.S. Supreme Court unanimously held that the Constitution permits the retrial of a defendant following a trial in an improper venue conducted before a jury drawn from the wrong district. In Smith v. We hold that it does not.”

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Constitutional Law Reporter

AUGUST 16, 2023

the United States , 599 U.S. _ (2023), the U.S. Supreme Court unanimously held that the Constitution permits the retrial of a defendant following a trial in an improper venue conducted before a jury drawn from the wrong district. In Smith v. We hold that it does not.”

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Constitutional Law Reporter

DECEMBER 11, 2023

Supreme Court continues to add high-profile gun rights cases to its docket. The second case centers on whether a “bump stock” – an attachment that converts a semiautomatic rifle into a fully automatic weapon – qualifies as a “machinegun” under federal law. Supreme Court granted certiorari on November 3, 2023.

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