Constitutional Law Reporter
OCTOBER 25, 2023
The Fifth Circuit Court of Appeals held that this funding structure violates Article I, Section 9 of the Constitution (the Appropriations Clause), which provides that “[n]o money shall be withdrawn from the Treasury, but in Consequence of Appropriations made by Law.” Please check back for updates.
Constitutional Law Reporter
JUNE 10, 2024
601 U.S. _ (2024), the U.S. By a vote of 7-2, the Court held that Congress’ statutory authorization allowing the CFPB to draw money from the earnings of the Federal Reserve System to carry out the bureau’s duties satisfies the Constitution’s Appropriations Clause. In Consumer Financial Protection Bureau v. of America, Ltd.,
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Constitutional Law Reporter
FEBRUARY 28, 2024
Kirtz , 601 U.S. _ (2024), the U.S. Given that the United States, as a sovereign, is generally immune from suits seeking money damages unless Congress chooses to waive that immunity, the Court’s “clear statement” rule allows a suit against the government only when “the language of the statute” is “unmistakably clear” in allowing it.
Constitutional Law Reporter
JUNE 17, 2024
Nealy , 601 U.S. _ (2024), the U.S. The Court did not address when copyright infringement claims accrue with regard to the statute of limitations. In reaching its decision, the majority noted that the Copyright Act’s statute of limitations establishes a three-year period for filing suit, which begins to run when a claim accrues.
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.
Constitutional Law Reporter
MAY 14, 2024
LLC , 601 U.S. _ (2024), the U.S. All this “complexity and uncertainty” would “‘breed[] litigation from a statute that seeks to avoid it.’” The post SCOTUS Clarifies Reach of FAA Exemption for Transportation Workers appeared first on Constitutional Law Reporter. In Bissonnette v. LePage Bakeries Park St.,
Constitutional Law Reporter
MARCH 5, 2024
2401 (a)’s six-year statute of limitations, holding that that Corner Post’s APA claims “first accrue[d]” when the Board issued the rule in 2011-even though Corner Post did not open for business until seven years later. . Board of Governors of the Federal Reserve System : Petitioner Corner Post, Inc.
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