Constitutional Law Reporter

JANUARY 24, 2024

Supreme Court’s January docket features several closely watched cases involving constitutional law. Oral arguments are scheduled for January 10, 2024. The post SCOTUS to Take on Sixth Amendment’s Confrontation Clause appeared first on Constitutional Law Reporter. In Smith v.

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Constitutional Law Reporter

APRIL 30, 2024

Georgia , 601 U.S. _ (2024), the U.S. The justices unanimously held that the jury’s verdict that Damian McElrath was not guilty of malice murder by reason of insanity constituted an acquittal for double jeopardy purposes notwithstanding any inconsistency with the jury’s other verdicts. In McElrath v.

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Constitutional Law Reporter

APRIL 2, 2024

United States scheduled for April 24, 2024. The issue before the Court is whether Idaho’s strict abortion law is preempted by the Emergency Medical Treatment and Labor Act (EMTALA) in situations where an abortion is necessary stabilizing treatment for an emergency medical condition. Following the Supreme Court’s decision in Dobbs v.

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Constitutional Law Reporter

JULY 9, 2024

Suski , 602 U.S. _ (2024), the U.S. District Court for the Northern District of California, alleging that the sweepstakes violated various California laws. The post SCOTUS Clarifies Court Must Resolve Competing Arbitration Provisions appeared first on Constitutional Law Reporter. In Coinbase, Inc.

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Constitutional Law Reporter

MAY 14, 2024

LLC , 601 U.S. _ (2024), the U.S. Pursuant to the FAA, arbitration agreements are “valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.” The post SCOTUS Clarifies Reach of FAA Exemption for Transportation Workers appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

JUNE 17, 2024

Nealy , 601 U.S. _ (2024), the U.S. The post SCOTUS Holds No Time Limit for Damages Under Copyright Act appeared first on Constitutional Law Reporter. In Warner Chappell Music, Inc. 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

JUNE 25, 2024

Vullo , 602 U.S. _ (2024), the U.S. The investigation revealed that Carry Guard insured gun owners from intentional criminal acts in violation of New York law, and that the NRA promoted Carry Guard without the required insurance producer license. In National Rifle Association of America v.

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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. That is incorrect,” Justice Amy Coney Barrett wrote on behalf of the unanimous Court.

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Constitutional Law Reporter

FEBRUARY 28, 2024

Kirtz , 601 U.S. _ (2024), the U.S. The post Supreme Court Rules Federal Agencies Can Be Sued Under Fair Credit Reporting Act appeared first on Constitutional Law Reporter. In Department of Agriculture Rural Development Rural Housing Service v.

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Constitutional Law Reporter

JUNE 5, 2024

United States , 601 U.S. _ (2024), the U.S. The post Supreme Court Rejects Strict Criminal Forfeiture Timelines appeared first on Constitutional Law Reporter. In McIntosh v. Supreme Court held that a district court’s failure to comply with Federal Rule of Criminal Procedure 32.2(b)(2)(B)’s

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Constitutional Law Reporter

JANUARY 17, 2024

A decision is expected before the term ends in June 2024. The post Supreme Court Agrees to Hear Case Over Access to Abortion Pill appeared first on Constitutional Law Reporter. Oral arguments have not yet been scheduled.

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Constitutional Law Reporter

APRIL 25, 2024

Fikre , 601 U.S. _ (2024), the U.S. The post SCOTUS Rules FBI Must Face Lawsuit Over No-Fly List appeared first on Constitutional Law Reporter. Supreme Court held that Yonas Fikre’s lawsuit against the FBI is not moot. Facts of the Case Respondent Yonas Fikre, a U.S.

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Constitutional Law Reporter

APRIL 10, 2024

Freed , 601 U.S. _ (2024), the U.S. 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. Supreme Court ruled that public officials may be held liable for their social media activity in certain circumstances.

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Constitutional Law Reporter

FEBRUARY 8, 2024

The Court’s Chevron decision established a bedrock principle of administrative law. The post SCOTUS Poised to Decide Fate of Chevron Doctrine appeared first on Constitutional Law Reporter. The two most closely watched involve whether the Court should overrule its landmark decision in Chevron v. 837 (1984).

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Constitutional Law Reporter

JANUARY 25, 2024

Supreme Court returned from recess on January 4, 2024. 1770 (2022), the Supreme Court held that that the provision contravened Congress’s constitutional authority to “establish…uniform Laws on the subject of Bankruptcies,” U.S. To kick off the session, the justices heard oral arguments in five cases.

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Constitutional Law Reporter

MARCH 5, 2024

The post Supreme Court Hears Challenge to EPA’s Good Neighbor Rule appeared first on Constitutional Law Reporter. The specific question the justices must decide is “whether the Copyright Act’s statute of limitations for civil actions, 17 U.S.C.

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Constitutional Law Reporter

MAY 7, 2024

United States , 601 U.S. _ (2024), the U.S. At sentencing, he sought to take advantage of the “safety valve” provision of federal sentencing law, which allows a sentencing court to disregard the statutory minimum if a defendant meets five criteria. In Pulsifer v. Supreme Court narrowly interpreted 18 U.S.C.

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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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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.

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Constitutional Law Reporter

APRIL 22, 2024

Meanwhile, Vullo’s attorney argued that she was enforcing the law and that the NRA’s suit could encourage others to use the First Amendment to thwart valid enforcement actions. The post SCOTUS Considers Pair of High-Profile First Amendment Cases appeared first on Constitutional Law Reporter. Missouri In Murthy v.

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Constitutional Law Reporter

NOVEMBER 20, 2023

The Court’s decision in Chevron is one of the most frequently cited administrative law decisions. The two cases will be argued in tandem in the January 2024 argument session. The post SCOTUS to Determine Future of Chevron Deference appeared first on Constitutional Law Reporter. Please check back for updates.

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Constitutional Law Reporter

MAY 21, 2024

Louis, Missouri , 601 U.S. _ (2024), the U.S. It is to impose a new requirement on a Title VII claimant, so that the law as applied demands something more of her than the law as written. The post Supreme Court Lowers the Bar for Title VII Suits Alleging Discriminatory Transfers appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

MARCH 21, 2024

A pair of cases challenging Texas and Florida’s controversial social media laws took center stage. While the state laws are slightly different, both limit social media platforms’ ability to engage in content moderation by removing, editing, or arranging user-generated content. NetChoice, LLC v. Paxton and Moody v. Pursuant to 15 U.S.C.

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Constitutional Law Reporter

FEBRUARY 12, 2024

The justices will decide the following question: Whether the enforcement of generally applicable laws regulating camping on public property constitutes “cruel and unusual punishment” prohibited by the Eighth Amendment. The post SCOTUS to Hear Case Involving Homeless Encampments appeared first on Constitutional Law Reporter.

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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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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. Overall, the increase for women in that age bracket went up roughly three percent.

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Constitutional Law Reporter

NOVEMBER 1, 2023

The issues before the Court included choice-of-law clauses, the Sarbanes-Oxley Act’s whistleblower protection, and racial gerrymandering. 310 (1955), the Supreme Court established that “maritime contracts are governed by federal admiralty law when there is an established federal rule, but absent such a rule, state law applies.”

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Constitutional Law Reporter

JANUARY 10, 2024

The law has been used in the prosecutions of numerous defendants charged in connection with the Jan. Oral arguments have not yet been scheduled but are likely to take place in the spring of 2024. 6 Prosecutions appeared first on Constitutional Law Reporter. 1512(c)(2).

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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. The Court will decide all of the cases by the end of the term in June 2024. Supreme Court resumed oral arguments on October 30, as it begins its November session.

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Constitutional Law Reporter

JUNE 19, 2024

South Carolina State Conference of the NAACP , 602 U.S. _ (2024), the U.S. The legislature adopted the plan, and the Governor signed it into law. ” The post SCOTUS Rules Challenged South Carolina District Is Not a Racial Gerrymander appeared first on Constitutional Law Reporter. 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

FEBRUARY 29, 2024

For you to say that this is something the court needs to decide because it is unclear in the law is fragrant bullpucky and they know it and don’t care that we know it. The case will be set for oral argument during the week of April 22, 2024. Monday, April 15, 2024. Monday, April 15, 2024.

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JonathanTurley

APRIL 26, 2024

Roberts read its statement that “a former president can be prosecuted for his official acts because the fact of the prosecution means that the former president has acted in defiance of the laws” and noted it sounds like “a former president can be prosecuted because he is being prosecuted.” The jumper responds, “So far so good.”

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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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Above The Law

SEPTEMBER 25, 2023

The law must mean something. The post More On The Trump ‘Disqualified For Insurrection’ Debate appeared first on Above the Law. It can't all depend on whose ox is gored.

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JonathanTurley

DECEMBER 7, 2022

Should a court declare him the winner and order the start of a new four-year term — negating the 2024 election? Would the court order a vote in 2022 and then another vote in 2024? We have the oldest and most successful constitutional system in history because it is not subject to such improvisation or impulse.

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JonathanTurley

JULY 12, 2024

University of Michigan Law Professor and MSNBC legal analyst Barbara McQuade has written how dangerous free speech is for the nation. Recently, the New York Times ran a column by former Biden official and Columbia University law professor Tim Wu describing how the First Amendment was “out of control” in protecting too much speech.

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