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.

Immigration 52

Immigration Court Statute Construction 52

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.

Court 52

Court Constitutional Law Entertainment Administrative Law 52

Constitutional Law Reporter

APRIL 18, 2023

Sturgis Public Schools , 598 U.S. _ (2023), the U.S. After concluding that §1415( l ) did not preclude Perez’s ADA lawsuit, it remanded the matter back to the lower court. The post SCOTUS Sides With Deaf Student in ADA Suit appeared first on Constitutional Law Reporter. In Perez v.

Compensatory Damages 59

Compensatory Damages Education Statute Court 59

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.

Constitutional Law 59

Constitutional Law Statute Court Government 59

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.

Court 52

Court Construction Constitutional Law Court Decisions 52

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.

Mens Rea 52

Mens Rea Court Constitutional Law Statute 52

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. ,

Court 52

Court Constitutional Law Court Rules Court Decisions 52

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.

Government 59

Government Statute Court Legal 59

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. In Jack Daniel’s Properties v. Grimaldi , 875 F. 2d 99 (1989) does not apply.

Court 59

Court Constitutional Law Court Decisions Laws 59

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 Court today rightly rejects that unserious position.” The post SCOTUS Narrows Reach of Identity Fraud Statute appeared first on Constitutional Law Reporter. In Durbin v.

Statute 52

Statute Healthcare Court Constitutional Law 52

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.

Court 52

Court Constitutional Law Statute Court Decisions 52

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. It thus does not trigger the Double Jeopardy Clause.”

Court 52

Court Constitutional Law Court Decisions Laws 52

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. It thus does not trigger the Double Jeopardy Clause.”

Court 52

Court Constitutional Law Court Decisions Laws 52

Constitutional Law Reporter

APRIL 4, 2023

United States , 598 U.S. _ (2023), the U.S. Supreme Court held that the penalty for the nonwillful failure to file a Report of Foreign Bank and Financial Accounts (FBAR) is $10,000 per report rather than per account. The post Supreme Court Holds FBAR Penalties Are Calculated Per Report appeared first on Constitutional Law Reporter.

Court 59

Court Statute Government Calendaring 59

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. . …

Court 52

Court Laws Cause of Action Constitutional Law 52

Constitutional Law Reporter

JUNE 1, 2023

Goertz , 598 U.S. _ (2023), the U.S. Supreme Court held that death row inmate Rodney Reed did not wait too long to seek DNA testing of the evidence in his case. 1983 procedural due process claim begins to run at the end of the state-court litigation. “And

Statute 52

Statute Litigating Litigation Cause of Action 52

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 post Supreme Court Decides Key Elections Law Case appeared first on Constitutional Law Reporter. In Yegiazaryan v.

Court 52

Court Laws Real Estate Constitutional Law 52

Constitutional Law Reporter

OCTOBER 9, 2023

Milligan , 599 U.S. _ (2023), the U.S. Supreme Court held that challengers showed a reasonable likelihood of success on their claim that an Alabama Congressional redistricting plan likely violated Section 2 of the Voting Rights Act. In Allen v.

Litigating 52

Litigating Litigation Court Constitutional Law 52

Constitutional Law Reporter

SEPTEMBER 25, 2023

Finally, the Court emphasized that nothing prohibits universities from considering an applicant’s discussion of how race affected the applicant’s life, so long as that discussion is concretely tied to a quality of character or unique ability that the particular applicant can contribute to the university.

Court 52

Court Constitutional Law Education Court Decisions 52

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.

Laws 52

Laws Court Constitutional Law Court Decisions 52

Conflict of Laws

MARCH 30, 2023

Yesterday, on March 29, 2023, the German Constitutional Court published its long-awaited (and also long) decision on the German “Act to Combat Child Marriage” ( Gesetz zur Bekämpfung von Kinderehen ). 1 EGBGB ) – regardless of whether the marriage is valid under the normally applicable foreign law.

Constitutional Law 52

Constitutional Law Laws Court Divorce 52

Constitutional Law Reporter

JULY 12, 2023

Texas , 599 U.S. _ (2023), the U.S. Supreme Court ruled that Texas and Louisiana lacked standing to challenge a Biden Administration immigration enforcement policy. The post Supreme Court Rules States Can’t Challenge Federal Immigration Policy appeared first on Constitutional Law Reporter.

Immigration 52

Immigration Court Rules Court Entertainment 52

Constitutional Law Reporter

AUGUST 2, 2023

Nebraska , 600 U.S. _ (2023), the U.S. Supreme Court struck down the Biden Administration’s student loan forgiveness program. The result here is that the Court substitutes itself for Congress and the Executive Branch in making national policy about student-loan forgiveness.” In Biden v.

Court 52

Court Education Drafting Legal 52

Constitutional Law Reporter

JULY 25, 2023

Elenis , 600 U.S. _ (2023), a divided U.S. Supreme Court held that the First Amendment prohibits Colorado from forcing a website designer to create expressive designs speaking messages with which the designer disagrees. Today, this court shrinks.” In 303 Creative LLC v. Until today.

Court 52

Court Government Constitutional Law Statute 52

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. Alejandro Mayorkas et al.,

Court Decisions 59

Court Decisions Court Constitutional Law Government 59

JonathanTurley

AUGUST 9, 2024

A three-week delay will give Smith ample time (in addition to the weeks following the Supreme Court decision) to deliberate. As I wrote in 2023 , the odds were against a federal trial before the election, which would convert the voters into the largest jury in history.

Court 74

Court Calendaring Government Court Decisions 74

JonathanTurley

DECEMBER 22, 2023

Below is my column in The Messenger of the Colorado Supreme Court decision disqualifying former President Donald Trump from the 2024 election. President Donald Trump delivers remarks during a campaign rally at the Reno-Sparks Convention Center on December 17, 2023 in Reno, Nevada. In California, Lieutenant Gov.

Court 70

Court Constitutional Law Legal Legal 70