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SCOTUS Clarifies Scienter Standard for False Claims Act Cases

Constitutional Law Reporter

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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Supreme Court Rules States Can’t Challenge Federal Immigration Policy

Constitutional Law Reporter

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.

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Smith is No Longer in a Hurry: Special Counsel Moves To Slow Down District Court Judge

JonathanTurley

As it has in the past, the court adopted a three-tiered approach to presidential powers based on the source of a presidential action. Sawyer , in which the court ruled against President Harry Truman’s takeover of steel mills. Chief Justice John Roberts cited Youngstown Sheet and Tube Co.

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