Constitutional Law Reporter

JANUARY 17, 2024

Supreme Court recently agreed to take on another controversial abortion dispute. The decision will be closely watched given the Court’s decision in Dobbs v. Jackson Women’s Health Organization , which abolished the constitutional right to an abortion. Issues Before the Supreme Court The FDA appealed to the U.S.

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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

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 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

APRIL 2, 2024

Supreme Court will take up abortion again with oral arguments in Moyle v. United States scheduled for April 24, 2024. A trigger provision in the original version of section 622 provided that the law would become effective 30 days after a decision by the Supreme Court “that restores to the states their authority to prohibit abortion.”

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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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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

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

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

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

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

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

JANUARY 25, 2024

Supreme Court returned from recess on January 4, 2024. The Court’s January session will feature some of the Term’s biggest cases, with several testing the limit of the federal government’s regulatory power. Below is a brief summary of the issues before the Court: Federal Bureau of Investigation v. In Siegel v.

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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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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

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

APRIL 22, 2024

Supreme Court heard oral arguments in six cases last week, with two potential First Amendment blockbusters before the Court. The Second Circuit Court of Appeals dismissed the free speech claims , determining that Vullo is entitled to qualified immunity. Supreme Court granted certiorari on November 3, 2023.

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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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JonathanTurley

DECEMBER 27, 2023

There are a number of new laws that will kick in in 2024, but one of the most interesting fights are likely to over the new California law requiring stores with more than 500 employees to carry “gender-neutral” toys over face state fines. The law , signed by Gov. In 2010, in Citizens United v.

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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 12, 2024

Supreme Court recently agreed to consider City of Grants Pass, Oregon v. The key issue before the Court is whether penalizing homeless people for public camping, provided they don’t have access to shelter elsewhere, violates the Eighth Amendment’s ban on cruel and unusual punishment. The Supreme Court has agreed to weigh in.

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JonathanTurley

NOVEMBER 25, 2023

In a related story,Carson City District Court Judge James Russell has ruled against putting a constitutional amendment on the ballot for 2024 to make abortion a constitutional right.

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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. Indeed, there are discounts for Kindle copies for pre-orders.

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Constitutional Law Reporter

NOVEMBER 1, 2023

Supreme Court heard oral arguments in three cases last week. The issues before the Court included choice-of-law clauses, the Sarbanes-Oxley Act’s whistleblower protection, and racial gerrymandering. Below is a brief summary of the issues before the Court: Great Lakes Insurance SE v. Raiders Retreat Realty Co.,

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Constitutional Law Reporter

JANUARY 10, 2024

Supreme Court recently granted certiorari in Fischer v. 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. United States. 1512(c)(2).

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JonathanTurley

FEBRUARY 29, 2024

Yesterday, the Supreme Court granted review of the presidential immunity question, but set an expedited schedule for the review of the question with oral argument scheduled for April. Indeed, this morning had the usual voices attacking the Court as “craven” and partisan for granting review in the case.

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Constitutional Law Reporter

NOVEMBER 29, 2023

Supreme Court resumed oral arguments on October 30, as it begins its November session. The cases before the justices this session involve significant issues of constitutional law including due process, free speech, and gun rights. Below is a brief summary of the cases before the Court: Culley v. 8,850 and Barker 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. The legislature adopted the plan, and the Governor signed it into law. In Alexander v.

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JonathanTurley

JULY 26, 2024

While the District is citing a contemporary New Jersey law, that is not quite the historical support that the Court has previously demanded. The Court held that “when the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct.”

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JonathanTurley

AUGUST 21, 2023

There is a spirited debate growing among law professors over the claim that former president Donald Trump is disqualified under the 14th Amendment from holding office. Various law professors have argued that Trump is already barred, even without a charge or conviction for insurrection or even incitement. 6 attack on the U.S.

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JonathanTurley

APRIL 26, 2024

As expected, with the exception of the three liberal justices, the Court appears to be struggling to find a more nuanced approach that would avoid the extreme positions of both parties. It has been almost 50 years since the high court ruled presidents have absolute immunity from civil lawsuits in Nixon v. Fitzgerald.

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JonathanTurley

DECEMBER 7, 2022

.” As I stated at the time, there is no basis for termination or suspension of constitutional rules in such a case. Moreover, the misconduct of one company would never be accepted by a court as grounds for retroactively reevaluating a presidential election two years later. Trump is already running in 2024.

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JonathanTurley

JULY 12, 2024

This movement is expanding and accelerating in its effort to curtail the right that Supreme Court Justice Louis Brandeis once called “indispensable” to our constitutional system. University of Michigan Law Professor and MSNBC legal analyst Barbara McQuade has written how dangerous free speech is for the nation.

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JonathanTurley

APRIL 29, 2023

The decision comes after two other district courts ruled in favor of the law — sending this issue to the United States Court of Appeals for the Seventh Circuit and potentially the Supreme Court. Indeed, President Biden has made dubious constitutional and historical claims about the Second Amendment and AR-15s.

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JonathanTurley

NOVEMBER 16, 2022

Last night, after announcing his candidacy for the presidency in 2024, Trump declared that he wants a lifetime ban on former lawmakers becoming lobbyists. The Court has also held that lobbying is protected under First Amendment activity. Superior Court Trial Lawyers Ass’n, 493 U.S. It found the law to be unconstitutional.

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JonathanTurley

JUNE 24, 2024

New Yorkers and the media insisted that such selective prosecution was in defense of the “rule of law.” This week in the Supreme Court, a glimpse of the legal landscape outside of Manhattan came more sharply into view. The court ruled that a jury had to decide this issue unanimously under a standard of beyond reasonable doubt.

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JonathanTurley

FEBRUARY 1, 2024

San Diego) to change California’s Constitution to allow the state to fund programs aimed at “increasing the life expectancy of, improving educational outcomes for, or lifting out of poverty specific groups based on race, color, ethnicity, national origin, or marginalized genders, sexes, or sexual orientations.” Bakke (1978).

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