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 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 After a jury convicted McIntosh, the District Court imposed a forfeiture of $75,000 and the BMW at the sentencing hearing. In McIntosh v.

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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

FEBRUARY 28, 2024

Kirtz , 601 U.S. _ (2024), the U.S. Supreme Court held that a consumer may sue a federal agency under 15 U.S.C. §§ 1681n and 1681o for failing to comply with the terms of the Fair Credit Reporting Act (FCRA). While the District Court sided with the USDA, the Third Circuit Court of Appeals reversed. government.

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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

DECEMBER 11, 2024

Supreme Court has agreed to consider whether Mexican government may continue its lawsuit against U.S. Lower Courts Decision The district court dismissed the case under the Protection of Lawful Commerce in Arms Act (PLCAA), which generally bars suits against firearms companies based on criminals misusing their products.

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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 Sixth Circuit Court of Appeals affirmed. The Sixth Circuit Court ruled that Freed was not liable because he maintained his Facebook page in his personal capacity.

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Constitutional Law Reporter

JULY 30, 2024

Supreme Court struck down the Chevron doctrine in its recent decision in Relentless v. Facts of the Case The Supreme Court granted certiorari in the two cases to address whether Chevron U.S.A. Under Chevron’s two-step analysis, a reviewing court must first assess “whether Congress has directly spoken to the precise question at issue.”

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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. Facts of the Case As the Court explained in its opinion, Federal and state law distinguish between two kinds of payments to public officials—bribes and gratuities. The District Court sentenced Snyder to 1 year and 9 months in prison.

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Constitutional Law Reporter

JANUARY 24, 2024

Supreme Court’s January docket features several closely watched cases involving constitutional law. The Arizona Court of Appeals affirmed the conviction, holding that Longoni’s testimony did not violate the Confrontation Clause. Issues Before the Supreme Court In appealing to the U.S. In Smith v.

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Constitutional Law Reporter

APRIL 30, 2024

Georgia , 601 U.S. _ (2024), the U.S. Supreme Court held that the State of Georgia can’t retry a defendant acquitted of murder by reason of insanity. We simply cannot know why the jury in McElrath’s case acted as it did, and the Double Jeopardy Clause forbids us to guess,” the Court held. “To Supreme Court. In McElrath v.

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Constitutional Law Reporter

MARCH 5, 2024

Supreme Court heard oral arguments in four cases last week. While the case centers on the EPA’s regulation of interstate air pollution under the Clean Air Act, the issues before the Court are largely procedural. The Fifth Circuit Court of Appeals denied the motions to stay and the States appealed to the Supreme Court.

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Constitutional Law Reporter

OCTOBER 21, 2024

Supreme Court heard oral arguments in four cases this week. The issues before the Court involved immigration, RICO suits, and giving veterans the benefit of the doubt. Environmental Protection Agency , which involves enforcement of the Clean Water Act (CWA), a frequent source of Supreme Court litigation.

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Constitutional Law Reporter

MAY 14, 2024

LLC , 601 U.S. _ (2024), the U.S. Supreme Court held that the Federal Arbitration Act’s (FAA) exemption for transportation workers in interstate commerce applies to transportation workers regardless of whether they work in the transportation industry. Supreme Court’s Decision The Supreme Court unanimously reversed. “A

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SCOCAblog

AUGUST 5, 2024

The dean of state constitutional law Professor Robert Williams presents: State Constitutions & The Limits of Criminal Punishments Symposium Click here to register!

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Constitutional Law Reporter

SEPTEMBER 23, 2024

Board of Governors of the Federal Reserve System , 603 U.S. _ (2024), the U.S. Supreme Court held that a claim under the Administrative Procedure Act (APA) does not accrue for purposes of 28 U.S.C. The Court’s decision gives plaintiffs significantly more time to bring APA claims against the federal government.

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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. . Below is a brief summary of the other cases before the Court: Royal Canin U.S.A., 1983 in state court.”

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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. Justice Neil Gorsuch wrote on behalf of the unanimous Court.

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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 District Court denied Rahimi’s motion to dismiss the indictment on Second Amendment grounds. In United States v. Bruen , 597 U.S.

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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.

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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 District Court denied the defendants’ motion. Supreme Court’s Decision The Supreme Court vacated the lower court judgment.

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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. The trial court rejected Sheetz’s claim, and the California Court of Appeal affirmed.

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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 also reaffirmed its holding in Bantam Books, Inc. In National Rifle Association of America v.

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Constitutional Law Reporter

NOVEMBER 20, 2023

Supreme Court has now granted certiorari in two cases challenging the continued viability of its long-standing decision in Chevron v. The two cases, which will be heard sometime in January, both ask the Court to overrule or at least curtail so-called “Chevron deference.” Supreme Court’s decision in Chevron U.S.A.

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Conflict of Laws

OCTOBER 17, 2024

The training might also count for professional development points and/ or annual training obligation, please liaise with your national chamber on this issue.

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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

SEPTEMBER 3, 2024

Paxton , 603 U.S. _ (2024), the U.S. Supreme Court confirmed that social-media platforms have First Amendment interests in exercising editorial discretion over the third-party content. District courts in both States entered preliminary injunctions. Office of Disciplinary Counsel of Supreme Court of Ohio , 471 U.S.

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Constitutional Law Reporter

MARCH 21, 2024

Supreme Court held oral arguments in six cases to end its February sitting. A pair of cases challenging Texas and Florida’s controversial social media laws took center stage. In the Florida case, the Eleventh Circuit Court of Appeals held that S.B. Below is a brief summary of the other cases before the Court: Cantero v.

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Constitutional Law Reporter

FEBRUARY 8, 2024

Supreme Court heard oral arguments in four cases this week. The two most closely watched involve whether the Court should overrule its landmark decision in Chevron v. The Court’s Chevron decision established a bedrock principle of administrative law. The cases before the Court, Relentless, Inc. 837 (1984).

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Constitutional Law Reporter

NOVEMBER 18, 2024

Supreme Court has returned to the bench for its November oral argument session. While none of the cases are considered “blockbusters,” the Court considered key issues related to employment, securities, healthcare, and white-collar criminal law. Below is a brief summary of the questions before the Court: Wisconsin Bell, Inc.

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JonathanTurley

NOVEMBER 7, 2023

Simon & Schuster will release the book in June 2024, but it can be purchased now. As many of you know, I have written about free speech and constitutional rights for decades in law reviews and journals. The book and is now available on Amazon , Barnes & Noble , Target , and other sites for pre-orders.

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Conflict of Laws

AUGUST 15, 2024

The book explores the approach of English courts to jurisdictional issues in foreign direct liability (FDL) claims brought against English-based parent companies and their foreign subsidiaries as co-defendants. Chapter 4 examines the capacity and challenges faced by English courts in adjudicating foreign direct liability (FDL) claims.

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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. That was a long time ago.

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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 District Court granted summary judgment to the State Department, but the Ninth Circuit Court of Appeals vacated the judgment.

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Constitutional Law Reporter

NOVEMBER 12, 2024

Supreme Court will hear oral arguments in United States v. Skrmetti on December 4, 2024. Additionally, it has a continuing care exception until March 31, 2024, which permits healthcare providers to continue administering a long-term treatment, say hormone therapy, that began before the Act’s effective date, July 1, 2023.

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Constitutional Law Reporter

DECEMBER 23, 2024

Supreme Court returned to the bench on December 2, 2024. The issues before the Court ranged from the FDAs refusal to authorize new vaping products to healthcare for transgender minors. Below is a brief summary of the cases and the legal issues before the Court: Food and Drug Administration v. United States 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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