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“Circuit Scoop: January 2025; January 2025 brought pivotal federal appeals court rulings that challenge agency power, shape business regulations, and influence constitutionallaw, with long-lasting effects on future legal battles.”
OPM – Fork in the Road Frequently Asked Questions Below is the email that was sent to federal employees on January 28, 2025 presenting a deferred resignation offer. If you did not respond to that email and wish to accept the deferred resignation offer, you may do so by following these steps. 1) Send an.
On January 17, 2025, the U.S. Garland , 604 U.S. _ (2025), was unanimous. is subject to Chinese laws that require it to assist or cooperate with the Chinese Governments intelligence work and to ensure that the Chinese Government has the power to access and control private data the company holds. ByteDance Ltd. ByteDance Ltd.
388(1971) and the United States under the FTCA, alleging that the FBI agents violated their Fourth Amendment rights and were also liable for damages under Georgia tort law. Questions Before the Court The Supreme Court granted certiorari on January 27, 2025. Six Unknown Named Agents of Federal Bureau of Narcotics ,403 U.S.
An opinion is scheduled before the end of the term in June/July 2025. The post Supreme Court to Consider Tax Exemptions for Religious Organizations appeared first on ConstitutionalLaw Reporter. Oral arguments have not yet been scheduled.
EPA , 604 U.S. _ (2025), the U.S. The post SCOTUS Rules Against EPA in Clean Water Case appeared first on ConstitutionalLaw Reporter. In City and County of San Francisco v. Supreme Court again limited the Environmental Protection Agencys (EPA) power under the Clean Water Act (CWA).
In Yoder , the Supreme Court held that Amish children could not be required to comply with a state law demanding that they remain in school until the age of 16 even though their religion required them to focus on uniquely Amish values and beliefs during their formative adolescent years.” Yoder, 406 U.S.
Lower Courts Decision The district court dismissed the case under the Protection of Lawful Commerce in Arms Act (PLCAA), which generally bars suits against firearms companies based on criminals misusing their products. Accordingly, it reversed the district court’s holding that the PLCAA bars Mexico’s common law claims.
Paxton , involves the constitutionality of a Texas law that requires any website that publishes content one-third or more of which is harmful to minors to verify the age of every user before permitting access. They contend that the law impermissibly encroaches on their First Amendment rights. The case, Free Speech Coalition v.
Simon , 604 U.S. _ (2025), the U.S. The FSIAs expropriation exception permits claims when rights in property taken in violation of international law are in issue and either the property itself or any property exchanged for the expropriated property has a commercial nexus to the United States. In Hungary v.
EPA , 604 U.S. _ (2025), the U.S. The post SCOTUS Rules Against EPA in Clean Water Case appeared first on ConstitutionalLaw Reporter. In City and County of San Francisco v. Supreme Court again limited the Environmental Protection Agencys (EPA) power under the Clean Water Act (CWA).
Oral arguments are scheduled for March 26, 2025. The post SCOTUS to Revisit Non-Delegation Doctrine appeared first on ConstitutionalLaw Reporter. A decision in the case is expected before the end of the term.
Richards : The case centers on the Prison Litigation Reform Act (PLRA), which provides: No action shall be brought with respect to prison conditions under section 1983 of this title, or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted.
For the first time in history, Congress has enacted a law that subjects a single, named speech platform to a permanent, nationwide ban, and bars every American from participating in a unique online community with more than 1 billion people worldwide, TikTok argued. Circuit Court of Appeals unanimously upheld the law. After the D.C.
While written from the perspective of English law, it incorporates comparative insights from similar FDL claims in other jurisdictions, including Australia, Canada, EU Member States, and the US. Chapter 4 examines the capacity and challenges faced by English courts in adjudicating foreign direct liability (FDL) claims.
In challenging the law, TikTok and its users argue that the PAFACAA violates the First Amendment and constitutes an unlawful bill of attainder under Article I. 1181 by applying rational-basis review rather than strict scrutiny in evaluating the constitutionality of the law. Paxton : The First Amendment case challenges Texas H.B.
The post SCOTUS Hears Oral Arguments in FDA Vaping Challenge and Three Other Cases appeared first on ConstitutionalLaw Reporter. The Court will now resolve the circuit split be deciding whether courts should apply the moment of the threat doctrine when evaluating an excessive force claim under the Fourth Amendment.
that is voidable under applicable law by a creditor holding an unsecured claim that is allowable under” the Code. The justices must specifically decide whether the Tennessee law violates the Equal Protection Clause of the Fourteenth Amendment. Decisions in all of the cases are expected before the term ends in June/July 2025.
The Court in cases like Seila Law cited that precedent for one of the exceptions to executive power. This order gives effect to the removal of appellee from his position as Special Counsel of the U.S. It also cited an exception for giving tenure protection to certain inferior officers with narrowly defined duties, under Morrison v.
www.govexec.com/workforce/20… — Brad Heath (@bradheath.bsky.social) 2025-01-25T17:41:12.892Z Like, come on. This is shockingly amateur — it’s the damn Constitution! Even pre-law students know it’s Article II. Not a thing most DOJ lawyers would get wrong.
She challenges assumptions, pressing lawyers to grapple with broader systemic consequences and the lived experiences behind the law. Their exchanges in oral arguments offer more than just legal analysisthey reveal two distinct visions for how the law should function and who it should protect.
Biden appointed the most judges to the Second Circuit in 2021, to the Ninth in 2022, and even had one judge begin active service in 2025 ( Embry Kidd in the Eleventh Circuit). The aspects I examined in each decision were the case details, outcome, area(s) of law, and the ideological leaning that each decision conveys.
We will not tolerate threats against DOGE workers or law-breaking by the disgruntled. Ed Martin pic.twitter.com/jIgMPVbPT5 — Ed Martin (@EagleEdMartin) February 3, 2025 “SENT VIA X.” Martin notes that these actions may break numerous laws. Which is code for does not break any laws but I need to sound tough.
In a series of recent decisions, federal courts across the United States have addressed a range of significant legal issues, from civil rights and constitutionallaw to administrative authority and criminal justice. Fontes , which involved election law and constitutional questions, and Foote v. Other Areas: 15 points.
Indeed, some are calling for an investigation into whether he can carry out the duties of his office until January 2025. “So, It is no easy feat, but Democratic operatives are furiously working out the complications under federal election laws and state laws. So, let’s not just focus on Joe Biden here. ”
Section 4 provides that when the “Vice President and a majority of either the principal officers of the executive departments or such other body as Congress may by law provide.” Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University. There is, however, another intriguing possibility.
From judicial appointments to executive orders directly targeting law firms, to ramifications of tariff wars, the profession is experiencing a seismic shift. Some of the most significant areas include: Regulatory Changes The deregulatory agenda in healthcare, finance, and environmental law has introduced significant uncertainty.
For any self-respecting armchair resistance fighter in 2025, a Biden pardon could become the latest status symbol. Jonathan Turley is the Shapiro professor of public interest law at George Washington University and the author of The Indispensable Right: Free Speech in an Age of Rage.
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