Constitutional Law Reporter

OCTOBER 28, 2024

Arizona , 602 U.S. _ (2024), the U.S. Supreme Court held that when an expert conveys an absent lab analyst’s statements in support of the expert’s opinion, and the statements provide that support only if true, then the statements come into evidence for their truth, and implicate the Sixth Amendment’s Confrontation Clause. In Smith v.

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Constitutional Law Reporter

OCTOBER 14, 2024

Supreme Court returns to the bench on October 7, 2024. The term refers guns that are assembled in parts and, therefore, difficult to trace by law enforcement due to their lack serial numbers and transfer records. The post SCOTUS Kicks Off New Term With … appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

AUGUST 6, 2024

Johnson , 603 U.S. _ (2024), the U.S. Supreme Court upheld a city ordinance that imposes criminal penalties on homeless sleeping outside. The post Supreme Court Upholds Homeless Ordinance Imposing Criminal Penalties appeared first on Constitutional Law Reporter. In City of Grants Pass, Oregon v.

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Constitutional Law Reporter

JULY 9, 2024

Suski , 602 U.S. _ (2024), the U.S. Supreme Court held that where parties have agreed to two contracts — one sending arbitrability disputes to arbitration, and the other either explicitly or implicitly sending arbitrability disputes to the courts — a court must decide which contract governs. In Coinbase, Inc.

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Constitutional Law Reporter

JUNE 17, 2024

Nealy , 601 U.S. _ (2024), the U.S. Supreme Court held that the Copyright Act entitles a copyright owner to obtain monetary relief for any timely infringement claim, no matter when the infringement occurred. The Court did not address when copyright infringement claims accrue with regard to the statute of limitations. Martinelli.

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Constitutional Law Reporter

MAY 7, 2024

United States , 601 U.S. _ (2024), the U.S. Supreme Court narrowly interpreted 18 U.S.C. By a vote of 6-3, the Court adopted the Government’s view of the three-prong test for evaluating a defendant’s prior criminal history, holding that a defendant must satisfy each of the conditions to be eligible. In Pulsifer v.

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Constitutional Law Reporter

APRIL 25, 2024

Fikre , 601 U.S. _ (2024), the U.S. Supreme Court held that Yonas Fikre’s lawsuit against the FBI is not moot. Accordingly, his suit alleging that the government placed him on the No Fly List unlawfully may proceed in the lower courts. Facts of the Case Respondent Yonas Fikre, a U.S.

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Constitutional Law Reporter

NOVEMBER 5, 2024

2024), the U.S. Supreme Court held that plaintiffs are not required to produce specific comparator evidence to demonstrate that they fall within the Nieves exception in retaliatory arrest cases. The Court remanded the case back to the lower courts to assess whether Gonzalez’s evidence suffices to satisfy the Nieves exception.

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Constitutional Law Reporter

AUGUST 13, 2024

Rahimi , 602 U.S. _ (2024), the U.S. Supreme Court upheld a federal law that prohibits individuals subject to a domestic violence restraining order from possessing a gun. The post SCOTUS Clarifies Bruen in Upholding Federal Gun Law appeared first on Constitutional Law Reporter. In United States v.

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Constitutional Law Reporter

JUNE 5, 2024

United States , 601 U.S. _ (2024), the U.S. Supreme Court held that a district court’s failure to comply with Federal Rule of Criminal Procedure 32.2(b)(2)(B)’s Because McIntosh did not challenge the lower courts’ harmlessness analysis in either his certiorari petition or his opening brief, the Court did not revisit it.

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Constitutional Law Reporter

MAY 29, 2024

County of El Dorado , 601 U.S. _ (2024), the U.S. Supreme Court held that a traffic impact fee imposed by the County of El Dorado based on a fee schedule in the County’s General Plan ran afoul of the Constitution’s Takings Clause. In Sheetz v.

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Constitutional Law Reporter

JUNE 25, 2024

Vullo , 602 U.S. _ (2024), the U.S. Supreme Court ruled that the National Rifle Association (NRA) may continue its First Amendment lawsuit against the former head of New York’s Department of Financial Services. The Supreme Court remanded the case back to the Second Circuit to evaluate the NRA’s claims in accordance with its opinion.

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Constitutional Law Reporter

APRIL 10, 2024

Freed , 601 U.S. _ (2024), the U.S. Supreme Court ruled that public officials may be held liable for their social media activity in certain circumstances. The post Supreme Court Clarifies When Public Officials Can Be held Liable for Social Media Activity appeared first on Constitutional Law Reporter. In Lindke v.

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Constitutional Law Reporter

SEPTEMBER 30, 2024

S. _ (2024), the U.S. Supreme Court held that two States and five individual social-media users who sued dozens of Executive Branch officials and agencies, alleging that the Government pressured the platforms to censor their speech in violation of the First Amendment, lacked Article III standing to bring their suits. In Murthy v.

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Constitutional Law Reporter

JULY 23, 2024

United States , 603 U.S. _ (2024), the U.S. Supreme Court held that 18 U.S.C. The post Supreme Court Rules Bribery Statute Doesn’t Criminalize Gratuities for Past Acts appeared first on Constitutional Law Reporter. In Snyder v. But the gratuities statute for federal officials, §201(c), does not.”

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Constitutional Law Reporter

JULY 30, 2024

According to Kagan, the majority, in “one fell swoop,” has given “itself exclusive power over every open issue — no matter how expertise-driven or policy-laden — involving the meaning of regulatory law.” The post Divided Supreme Court Strikes Down Chevron in Landmark Decision appeared first on Constitutional Law Reporter.

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Conflict of Laws

MARCH 30, 2023

The wife in the case had been fourteen when the case started in the first instance courts; she is now 22, and her marriage certainly no longer a child marriage. And as a matter of fact, the Constitutional Court decision itself is already almost two months old; it was rendered on February 1.

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Constitutional Law Reporter

OCTOBER 7, 2024

Muñoz , 602 U.S. _ (2024), the U.S. Supreme Court held that a citizen does not have a fundamental liberty interest in her noncitizen spouse being admitted to the country. The post Supreme Court Rules Spousal Immigration Is Not a Right appeared first on Constitutional Law Reporter. In Department of State v.

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Constitutional Law Reporter

MAY 21, 2024

Louis, Missouri , 601 U.S. _ (2024), the U.S. Supreme Court unanimously held that an employee challenging a job transfer under Title VII of the Civil Rights Act of 1964 must show that the transfer brought about some harm with respect to an identifiable term or condition of employment, but that harm need not be significant. City of St.

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Constitutional Law Reporter

SEPTEMBER 16, 2024

Pursuant to that authority, in April 2024, the Department issued an omnibus rule amending Title IX’s regulations, set to take effect nationwide on August 1, 2024. ” The post SCOTUS Upholds Preliminary Injunction Against Title IX Rule Granting Protections to LBGTQ Students appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

AUGUST 28, 2024

Elster , 602 U.S. _ (2024), the U.S. Supreme Court held that the names clause of Lanham Act, which prohibits the registration of a mark that consists of a name identifying a particular living individual without their consent, does not violate First Amendment. In Vidal v.

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Constitutional Law Reporter

JUNE 19, 2024

South Carolina State Conference of the NAACP , 602 U.S. _ (2024), the U.S. Supreme Court held that the lower court erred in finding that a South Carolina congressional district was an unconstitutional racial gerrymander. In Alexander v.

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Constitutional Law Reporter

AUGUST 22, 2024

United States , 603 U.S. _ (2024), the U.S. Supreme Court held that a former President is entitled to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority. United States appeared first on Constitutional Law Reporter. In Trump v.

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JonathanTurley

AUGUST 30, 2024

However, the Plaintiffs cited other lower court decisions striking a balance in such cases. Jonathan Turley is a Fox News Media contributor and the Shapiro Professor of Public Interest Law at George Washington University. Grandville Cent. 2d 1043, 1057 (2d Cir. For example, in B.H. Easton Area School Dist.

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Constitutional Law Reporter

APRIL 4, 2024

Supreme Court unanimously held in Trump v. Anderson , 601 U.S. _ (2024), that states can’t remove former President Donald Trump from 2024 presidential primary ballots for his role in the events of January 6, 2021. Because we would decide only the issue before us, we concur only in the judgment,” they wrote.

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JonathanTurley

JANUARY 9, 2024

As Democrats ramp up their efforts for the 2024 election, some are dangling an old enticement from 2020: if we win, we can pack the Court. In the last election, President Joe Biden refused to say if he favored packing the Court.

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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. Here is the column: he Colorado Supreme Court has issued an unsigned opinion, making history in the most chilling way possible. In California, Lieutenant Gov.

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JonathanTurley

NOVEMBER 18, 2023

Judge Wallace rejected the use of the amendment to prevent voters from voting for Trump in the 2024 election, declaring that “[t]he Court holds there is scant direct evidence regarding whether the presidency is one of the positions subject to disqualification.” I hope that she does. Here is the opinion: Anderson v. Griswald

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