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SCOTUS Narrows Reach of Identity Fraud Statute

Constitutional Law Reporter

United States , 599 U.S. _ (2023), the U.S. Supreme Court narrowed the scope of a federal aggravated identity theft statute. Because everyday overbilling cases would account for the majority of vi- olations in practice, the Government’s reading places at the core of the statute its most improbable applications.

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Supreme Court Holds FBAR Penalties Are Calculated Per Report

Constitutional Law Reporter

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 statute imposes a maximum $10,000 penalty for nonwillful violations of the law. In Bittner v.

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Supreme Court Upholds Ban on Encouraging Illegal Immigration

Constitutional Law Reporter

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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SCOTUS Issues First Opinion of the Term

Constitutional Law Reporter

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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SCOTUS Sides With Deaf Student in ADA Suit

Constitutional Law Reporter

Sturgis Public Schools , 598 U.S. _ (2023), the U.S. In reaching its decision, the Court noted that the parties offered very different interpretations of §1415( l ). After concluding that §1415( l ) did not preclude Perez’s ADA lawsuit, it remanded the matter back to the lower court. In Perez v.

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SCOTUS Concludes Oral Arguments for the Term

Constitutional Law Reporter

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.

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SCOTUS Rules Quiet Title Act’s Time Bar Is Claim-Processing Rule

Constitutional Law Reporter

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.

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