Constitutional Law Reporter

AUGUST 6, 2024

Johnson , 603 U.S. _ (2024), the U.S. According to the Court, the enforcement of generally applicable laws regulating camping on public property does not constitute “cruel and unusual punishment” prohibited by the Eighth Amendment to the U.S. In City of Grants Pass, Oregon v. Texas , 392 U.S.

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Constitutional Law Reporter

JULY 9, 2024

Suski , 602 U.S. _ (2024), the U.S. Basic legal principles establish the answer. The post SCOTUS Clarifies Court Must Resolve Competing Arbitration Provisions appeared first on Constitutional Law Reporter. In Coinbase, Inc. Facts of the Case The dispute centered on two contracts executed by Coinbase, Inc.,

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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

NOVEMBER 20, 2023

Because Chevron deference is also credited with strengthening the power of federal agencies, such as the Environmental Protection Agency and Federal Communications Commission, it has also come under fire by legal scholar, lawmakers, and even the Supreme Court. The two cases will be argued in tandem in the January 2024 argument session.

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Constitutional Law Reporter

JUNE 25, 2024

Vullo , 602 U.S. _ (2024), the U.S. 58 (1963) that the First Amendment prohibits government officials from relying on the “threat of invoking legal sanctions and other means of coercion. The post SCOTUS Sides With NRA in First Amendment Dispute appeared first on Constitutional Law Reporter. Sullivan , 372 U.S.

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Constitutional Law Reporter

APRIL 10, 2024

Freed , 601 U.S. _ (2024), the U.S. In reaching its decision, the appeals court held that a public official engages in state action only when the official performs a legally mandated “duty of his office” or invokes the “authority of his office.” In Lindke v.

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Constitutional Law Reporter

MARCH 5, 2024

. §2401(a) when an agency issues a rule-regardless of whether that rule injures the plaintiff on that date (as the Eighth Circuit and five other circuits have held)-or when the rule first causes a plaintiff to ‘suffer[] legal wrong’ or be ‘adversely affected or aggrieved’ (as the Sixth Circuit has held)?” Warner Chappell Music, 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 Constitution and the Bill of Rights were not only written for times like these, but in a time like this.

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Conflict of Laws

AUGUST 15, 2024

The book is particularly notable for its observation—citing Professor Robert McCorquodale—that FDL claims intersect with various fields of law, such as domestic criminal law, tort law, contract law, human rights and constitutional law, comparative law, public international law, and private international law.

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Conflict of Laws

MARCH 30, 2023

1 of the Basic Law , the German Constitution) includes not only marriage as an institution but also discrete, existing marriages, and not only the married status itself but also the whole range of legal rules surrounding it and ensuing from it. So is the desire for legal certainty regarding the validity of specific marriages.

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Constitutional Law Reporter

NOVEMBER 12, 2024

Skrmetti on December 4, 2024. The potential blockbuster case involves a legal challenge to Tennessee’s ban on puberty blockers and hormone therapy as gender-affirming care for transgender youth. The majority further held that laws that discriminate against transgender individuals warrant only deferential rational-basis review.

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Constitutional Law Reporter

OCTOBER 7, 2024

Muñoz , 602 U.S. _ (2024), the U.S. Moreover, Muñoz’s claim to a procedural due process right in someone else’s legal proceeding would have unsettling collateral consequences. 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

DECEMBER 23, 2024

Supreme Court returned to the bench on December 2, 2024. Below is a brief summary of the cases and the legal issues before the Court: Food and Drug Administration v. The post Supreme Court Hears Oral Arguments in Four Cases to Start December Sitting appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

NOVEMBER 1, 2023

UBS Securities : Under the Sarbanes-Oxley Act of 2002, when a whistleblower invokes the Act and claims he was fired because of his report, his claim is “governed by the legal burdens of proof set forth in section 42121(b) of title 49, United States Code.” Please check back for updates.

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JonathanTurley

FEBRUARY 29, 2024

Former president Donald Trump wrote on Truth Social that “Legal Scholars are extremely thankful for the Supreme Court’s Decision today to take up Presidential Immunity.” ” As I mentioned last night in the coverage, legal scholars are hardly doing a conga line in celebration. Monday, April 15, 2024.

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LLRX

OCTOBER 31, 2024

Attorneys Stephen Marcus and Bruce Kuhlik discuss the ethical responsibilities of lawyers in the context of predicted attempts by Donald Trump and his allies to undermine the 2024 U.S. presidential election.

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JonathanTurley

APRIL 26, 2024

The ongoing prosecution of Trump is legally absurd but has resulted in the leading presidential candidate not only being gagged but prevented from campaigning. As the justices work on a new set of legal wings, anything is possible as the nation waits for the court to hit ground zero in the middle of the 2024 presidential election.

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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? None of that is even remotely possible on a legal basis. Trump is already running in 2024. It is unclear what Trump is now demanding.

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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. Jonathan Turley is a Fox News Media contributor and the Shapiro Professor of Public Interest Law at George Washington University. Anti-free speech books have been heralded in the media.

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JonathanTurley

JUNE 24, 2024

With the Trump trial, Manhattan has become a type of legal wilderness where prosecutors use the legal system to hunt down political rivals and thrill their own supporters. New Yorkers and the media insisted that such selective prosecution was in defense of the “rule of law.” That is not how the law is seen from 9th Avenue.

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JonathanTurley

OCTOBER 10, 2023

He could wait to see if Biden does not run for reelection or loses in 2024. He could ask for a reconsideration of the policy, which was poorly supported during the Clinton Administration as a rationale for blocking any indictment for perjury by the Office of Legal Counsel.

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JonathanTurley

AUGUST 30, 2023

Trump potentially faces four major prosecutions in the District of Columbia, Florida, Georgia and New York before the 2024 election. Jonathan Turley, an attorney, constitutional law scholar and legal analyst, is the Shapiro Chair for Public Interest Law at The George Washington University Law School.

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JonathanTurley

DECEMBER 21, 2023

Below is my column in the New York Post on the next step in the effort to disqualify former president Donald Trump in 2024 election. That moment will now be presented to nine justices of the United States Supreme Court after a divided decision of the Colorado Supreme Court to disqualify Donald Trump in the 2024 election.

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JonathanTurley

NOVEMBER 19, 2024

President Biden often combined the call with dubious factual , legal , and historical arguments. I previously wrote about the failure of politicians to acknowledge the limits posed by the Second Amendment and controlling case law. In 2008, the Supreme Court handed down a landmark ruling in District of Columbia v.

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JonathanTurley

DECEMBER 21, 2023

” Those words from New York Times editorial board member Mara Gay on MSNBC captured the unhinged coverage of the Colorado Supreme Court’s disqualification of Donald Trump from the 2024 election. Back in the day, it was the Democrats who were denounced for raising such legal objections.

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JonathanTurley

JUNE 30, 2023

Some Republican presidential candidates have stated already that they will (or would consider) pardons for Trump if they are elected in 2024. Jonathan Turley, an attorney, constitutional law scholar and legal analyst, is the Shapiro Chair for Public Interest Law at The George Washington University Law School.

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JonathanTurley

JANUARY 17, 2021

On its face, the planned impeachment trial is at odds with the language of the Constitution, which expressly states that removal of a president is the primary purpose of such a trial. He will be a citizen and would be best served legally to forgo the trial entirely as extraconstitutional and invalid.

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JonathanTurley

OCTOBER 29, 2023

The court dismissed the “tawdry tales” offered by the DOJ and declared that it was far more concerned with the damage that Smith was causing to the legal system with his virtually limitless interpretation of criminality. Some of us have previously denounced the gag order issued by U.S.

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LLRX

NOVEMBER 16, 2022

Donald Trump announced his 2024 run for the presidency on Nov. In his address he railed against what he perceived as the “persecution” of himself and his family, but made scant mention of his legal woes.

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JonathanTurley

JULY 15, 2022

It would also unleash potential legal challenges. And 64% of Democrats, according to a New York Times poll , want someone other than Biden as their party’s candidate for president in 2024. However, the value of declaring a public health emergency is primarily meant to address a political emergency for Biden.

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JonathanTurley

DECEMBER 26, 2023

For too many legal experts, Trump offers the release of rage and the ability to adopt of the same dismissive, cavalier attitude of others when it comes to legal rights. However, if the Trump name appears in the caption of a case, many legal experts suddenly jettison all due process concerns or sense of restraint.

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The Crime Report

MAY 24, 2021

New York Attorney General Letitia James’ announcement last week that her office was “actively investigating the Trump Organization in a criminal capacity” has added to the former president’s legal worries, but the biggest landmine believed to threaten his political future has yet to be detonated. Capitol on Jan. and conviction?Trump

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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. Liberals are again stating that the Supreme Court is not fundamentally “broken” because a majority of justices do not share their views on legal questions.

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JonathanTurley

JUNE 11, 2023

It will be difficult to get through a trial before the 2024 presidential election. Regarding Mar-a-Lago, the reported inclusion of a charge under the Espionage Act is a bit surprising, given the novel legal issues surrounding the handling of such documents. The 2024 election could become a referendum on this case.

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JonathanTurley

DECEMBER 16, 2021

finally buried her former persona as a law professor. In a transition that began in 2011, Warren has struggled with the demands of politics that often pit her against core legal principles. From “Tax the Rich” to “Pack the Court,” Warren is now soundbite ready and principle resistant for 2024. Elizabeth Warren (D.,

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JonathanTurley

AUGUST 2, 2024

University of Michigan Law Professor and MSNBC legal analyst Barbara McQuade has written how dangerous free speech is for the nation. Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University. Anti-free speech books have been heralded in the media.

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JonathanTurley

JUNE 27, 2024

I have previously written that the Biden Administration has chilling analogies to the Adams Administration in the weaponization of the legal system and the crackdown on free speech. The 2024 election is looking strikingly similar to the election of 1800 and, if so, it does not bode well for Biden.

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