Constitutional Law Reporter

NOVEMBER 20, 2023

837 (1984), courts must defer to a federal agency’s reasonable interpretation of an ambiguous statute that the agency is charged with administering, even if they are inclined to rule another way. The Court’s decision in Chevron is one of the most frequently cited administrative law decisions. In Loper Bright Enterprises v.

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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. In Arellano v.

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Constitutional Law Reporter

AUGUST 22, 2023

600 U.S. _ (2023), the U.S. As Justice Alito noted in his opinion, the presumption against extraterritoriality is a “longstanding principle of American law that legislation of Congress, unless a contrary intent appears, is meant to apply only within the territorial jurisdiction of the United States.” In Abitron Austria GmbH v.

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Constitutional Law Reporter

APRIL 4, 2023

United States , 598 U.S. _ (2023), the U.S. The statute imposes a maximum $10,000 penalty for nonwillful violations of the law. Meanwhile, Section 5314 provides that a violation occurs “when an individual fails to file a report consistent with the statute’s commands.” In Bittner v.

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Constitutional Law Reporter

APRIL 18, 2023

Sturgis Public Schools , 598 U.S. _ (2023), the U.S. The Court failed to reach other issues raised by the parties, such as whether IDEA’s exhaustion requirement is susceptible to a judge-made futility exception and whether the compensatory damages Perez seeks in his ADA suit are in fact available under that statute. In Perez v.

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Constitutional Law Reporter

MARCH 5, 2024

In 2023, the EPA disapproved the submissions of 21 states and proposed its own federal-implementation plan. Nealy : The cases is set to resolve a circuit split regarding the statute of limitations in copyright infringement cases. Board of Governors of the Federal Reserve System : Petitioner Corner Post, Inc.

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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. In Wilkins v. Justice Sonia Sotomayor wrote on behalf of the Court.

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Constitutional Law Reporter

MAY 10, 2023

Supreme Court has concluded its oral arguments for the 2022-2023 Term. As separate sovereigns pre-existing the Constitution, Indian tribes have the same common-law immunity from suit traditionally enjoyed by sovereign governments—unless and until Congress unequivocally expresses its intent to abrogate that immunity.

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Constitutional Law Reporter

DECEMBER 16, 2022

Oral arguments have not yet been scheduled, but a decision is expected before the term ends in June 2023. The post Supreme Court to Clarify What Constitutes Identity Theft appeared first on Constitutional Law Reporter. He was subsequently charged with healthcare fraud, as well as aggravated identity theft under 18 U.S.C.

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Constitutional Law Reporter

APRIL 11, 2023

Pennsylvania and Wisconsin , 598 U.S. _ (2023), the U.S. Therefore, if the common law were to apply to the Disputed Instruments, then the abandoned proceeds would escheat inequitably solely to the State of incorporation, just like the money orders expressly referenced in the statute.” In Delaware v.

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Constitutional Law Reporter

JULY 19, 2023

Colorado , 600 U.S. _ (2023), the U.S. 18–3–602(1)(c), a Colorado statute making it unlawful to “[r]epeatedly. The post Supreme Court Clarifies First Amendment Test for True Threats appeared first on Constitutional Law Reporter. In Counterman v. a local singer and musician. Counterman’s messages put C.W.

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Constitutional Law Reporter

DECEMBER 6, 2023

Rahimi, challenges a federal law prohibiting the possession of a firearm by anyone who is the subject of a domestic violence restraining order. While the Fifth Circuit initially upheld the statute, it reversed course following the Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen , 597 U.S. _ (2022).

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Constitutional Law Reporter

MAY 30, 2023

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. The post Supreme Court Greenlights Pre-enforcement Challenges to FTC and SEC Proceedings appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

MARCH 14, 2023

Buckley , 598 U.S. _ (2023), the U.S. “By doing so, Congress cut from the statute the strongest textual hook counseling against the outcome in Strang,” she wrote. ” The post Supreme Court Holds Debts Incurred by Fraud Are Ineligible for Bankruptcy Relief appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

NOVEMBER 1, 2022

Supreme Court heard its first oral arguments of the 2022-2023 Term. McDonough: The case involves whether the doctrine of equitable tolling applies to a statute governing veteran benefits. The post SCOTUS Kicks Off Term With Oral Arguments in Four Cases appeared first on Constitutional Law Reporter. Arellano v.

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Constitutional Law Reporter

DECEMBER 4, 2023

922(g)(8), a specific statute that does so, is constitutional under the Second Amendment of the United States Constitution. While the government cited colonial and early state laws disarming categories of individuals legislatures “considered to be dangerous,” the Fifth Circuit distinguished those laws from the statute at issue.

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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

NOVEMBER 2, 2022

Decisions in all of the cases are expected before the Court’s term concludes in June 2023. The post Andy Warhol Art Headlines Busy Week for Supreme Court appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

JANUARY 26, 2023

223, 228 (1989), a statute does not abrogate sovereign immunity unless Congress’s intent to abrogate is “unmistakably clear” in the statutory text. The post SCOTUS Kicks Off February Session With Four Cases appeared first on Constitutional Law Reporter. Centro de Periodismo Investigativo, Inc.: Muth , 491 U.S.

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Constitutional Law Reporter

MARCH 6, 2023

” In practice, the statute immunizes platforms like YouTube, Google, Facebook and Twitter for publishing third-party content, such as someone who posts a video on YouTube or a statement on Facebook. Supreme Court Takes on Big Tech appeared first on Constitutional Law Reporter. The post U.S.

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JonathanTurley

APRIL 1, 2023

Section 2 of the Statute makes it “an offense for a person to perform adult cabaret entertainment,” either “(A) On public property; or (B) in a location where the adult cabaret entertainment could be viewed by a person who is not an adult.” Judge Parker was correct to enjoin the law pending further review.

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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. It is supposed to take place on May 23, 2023.

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Constitutional Law Reporter

JANUARY 12, 2023

Google LLC : This closely-watched case involves the scope of Section 230 of the Communications and Decency Act of 1996 , a statute that grants Internet companies immunity from lawsuits about content posted by third parties on their public services and predates the rise of platforms like Twitter, Google, and YouTube. . 1125(c)(3)(C).

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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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Constitutional Law Reporter

JULY 12, 2023

Texas , 599 U.S. _ (2023), the U.S. The States of Texas and Louisiana claim that the Guidelines contravene two federal statutes that they contend require the arrest of certain noncitizens upon their release from prison ( 8 U.S.C. In United States v. 1226(c) ) or entry of a final order of removal ( 8 U.S.C. 1231(a)(2) ). “The

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Constitutional Law Reporter

AUGUST 2, 2023

Nebraska , 600 U.S. _ (2023), the U.S. The HEROES Act allows the Secretary to ‘waive or modify’” provisions of the student aid laws, “but does not allow the Secretary to rewrite that statute to the extent of canceling $430 billion of student loan principal,” Chief Justice John Roberts wrote on behalf of the Court. In Biden v.

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Constitutional Law Reporter

JANUARY 10, 2024

Circuit Court of Appeals’ interpretation of a federal statute prohibiting obstruction of congressional inquiries and investigations. The law has been used in the prosecutions of numerous defendants charged in connection with the Jan. The Court granted certiorari on December 13, 2023. United States. The case challenges the D.C.

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Constitutional Law Reporter

JULY 25, 2023

Elenis , 600 U.S. _ (2023), a divided U.S. The post SCOTUS Rules Website Designer Can Refuse Same-Sex Customers appeared first on Constitutional Law Reporter. In 303 Creative LLC v. to reserve from all official control.” Until today. Today, this court shrinks.”

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JonathanTurley

JANUARY 27, 2023

I have a forthcoming law review article on free speech protections for the speech involved in this and similar cases around the country : “The Unfinished Masterpiece: Speech Compulsion and the Evolving Jurisprudence over Religious Speech” (forthcoming 2023). 26, 2023), [link]. Here is the decision: Scardina v.

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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. 315(e)(2) extend to all grounds that reasonably could have been raised in the IPR petition filed, even though the text of the statute applies estoppel only to grounds that “reasonably could have [been] raised during that inter partes review.”

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Constitutional Law Reporter

NOVEMBER 29, 2023

The cases before the justices this session involve significant issues of constitutional law including due process, free speech, and gun rights. Marshall : The case arises out of the seizure and retention of the plaintiffs’ vehicles under Alabama’s Civil Asset Forfeiture (CAF) statute. Please check back for updates.

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JonathanTurley

JUNE 4, 2023

However, he also notes that the prior language of the statute is problematic in 2023 in a way that was not evident in 1987: First, while including “male or female impersonators,” in a list with “topless dancers, go-go dancers, exotic dancers, strippers.

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JonathanTurley

SEPTEMBER 1, 2023

The lawsuit challenged the Texas law, which was set to go into effect Sept. 1, 2023, and would have required sites to use “reasonable age verification methods” to “verify that an individual attempting to access the material is 18 years of age or older.” Judge Ezra ruled that “H.B. 1181 is unconstitutional on its face.”

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JonathanTurley

SEPTEMBER 30, 2023

In 2006, I was representing the “Sister Wives” family—first in a criminal investigation into polygamy and then in an action challenging the underlying statute. 2023 where I testified on the government’s censorship efforts, MSNBC contributor and former Sen. Certainly my three children sitting behind me deserved to know.

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