Constitutional Law Reporter

JULY 30, 2024

By a vote of 6-3, the Court held that Administrative Procedure Act requires courts to exercise their independent judgment in deciding whether a federal agency has acted within its statutory authority, and courts may not defer to an agency interpretation of the law simply because a statute is ambiguous.

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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.

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Constitutional Law Reporter

NOVEMBER 5, 2024

2024), the U.S. A private attorney tasked with leading the investigation concluded that Gonzalez had likely violated a Texas anti-tampering statute that, among other things, prohibits a person from intentionally “remov[ing]. In Gonzalez v. Trevino , 602 U.S. In Nieves v. Bartlett , 587 U.S.

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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.,

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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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Constitutional Law Reporter

FEBRUARY 8, 2024

The Court’s Chevron decision established a bedrock principle of administrative law. Under Chevron , courts must defer to a federal agency’s reasonable interpretation of an ambiguous statute that the agency is charged with administering, even if they are inclined to rule another way. The cases before the Court, Relentless, Inc.

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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. 922(g)(8) , a federal statute that prohibits individuals subject to a domestic violence restraining order from possessing a firearm. In United States v.

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Constitutional Law Reporter

SEPTEMBER 3, 2024

Paxton , 603 U.S. _ (2024), the U.S. Facts of the Case In 2021, Florida and Texas enacted statutes regulating large social-media companies and other internet platforms. The law then prevents exactly the kind of editorial judgments this Court has previously held to receive First Amendment protection.” In Moody v.

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Constitutional Law Reporter

APRIL 10, 2024

Freed , 601 U.S. _ (2024), the U.S. In reaching its decision, the Court emphasized that Section 1983 provides a cause of action against “[e]very person who, under color of any statute, ordinance, regulation, custom, or us- age, of any State ” deprives someone of a federal constitutional or statutory right. In Lindke v.

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Constitutional Law Reporter

MAY 21, 2024

Louis, Missouri , 601 U.S. _ (2024), the U.S. To demand “significance” is to add words—and significant words, as it were—to the statute Congress enacted. 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. In Muldrow v. City of St.

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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.

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Constitutional Law Reporter

JANUARY 10, 2024

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. Oral arguments have not yet been scheduled but are likely to take place in the spring of 2024.

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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. Marshall : The case arises out of the seizure and retention of the plaintiffs’ vehicles under Alabama’s Civil Asset Forfeiture (CAF) statute. Please check back for updates.

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Constitutional Law Reporter

SEPTEMBER 16, 2024

The statute tasks the Department of Education with “issuing rules, regulations, or orders of general applicability” to “effectuate” Title IX’s antidiscrimination mandate. Pursuant to that authority, in April 2024, the Department issued an omnibus rule amending Title IX’s regulations, set to take effect nationwide on August 1, 2024.

Education 52

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JonathanTurley

APRIL 26, 2024

The government insisted there is an exception for such acts from the murder statute. 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. In the end, neither party offers a particularly inviting path.

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JonathanTurley

JUNE 24, 2024

The only way to get beyond the passage of the statute of limitations on the dead misdemeanor for falsifying business records had been to allege that the bookkeeping violation in question occurred to conceal another crime. On the New Yorker map circa 2024, once you cross the Hudson River eastward, you enter a legal wilderness.

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The Crime Report

MAY 24, 2021

Asserting a strict interpretation of the 1788 Constitution and relying on relevant commentary and precedent since then, two constitutional law professors argue that in the unlikely event of a prosecution?and Instead, they analyze the potential legal hurdles of trying Trump under the statute. Capitol on Jan.

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JonathanTurley

JUNE 15, 2023

Here is the column: With the arraignment of Donald Trump in Miami, Department of Justice (DOJ) special counsel Jack Smith is pushing forward with a historic criminal prosecution that could result in a terminal prison sentence for the 76-year-old former president and, at least for now, the leading Republican candidate in the 2024 election.

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JonathanTurley

MARCH 31, 2021

COUNT FOUR (Violation of a Public Safety Statute: D.C. COUNT FIVE (Violation of a Public Safety Statute: D.C. In the end, free speech should be vindicated but these lawsuits also could bring a type of legal vindication for Trump before the 2024 election. COUNT TWO (Aiding and Abetting Assault and Battery).

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JonathanTurley

JUNE 25, 2024

Most recently, the left expressed nothing short of horror that Judge Cannon allowed the Trump team to argue a point of constitutional law in a hearing. This is a novel and intriguing constitutional objection that is based on the text of the Constitution, which requires that high-ranking executive officers like U.S.

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JonathanTurley

JULY 4, 2021

Usually when the court is about to issue a major interpretation of a federal statute, the Justice Department will wait to read the opinion before filing a major action. Instead, the administration filed the challenge to Georgia’s new voting law just days before the end of the term. Follow him on Twitter: @JonathanTurley.

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