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Fifth Circuit Blocks Texas SB 4 and Rejects the Invasion Theory Under State War Clause

JonathanTurley

While I agree with the Fifth Circuit that it is largely locked into the existing precedent in cases like Arizona v. 387, 399 (2012), finding “field preemption” of state immigration laws. It is a bitter recognition for the state that the open border conditions are the product of federal laws and policies.

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Open Borders and Closed Courts: How the Supreme Court Laid the Seeds for the Immigration Crisis

JonathanTurley

The seeds of this disaster were planted by the Supreme Court over a decade ago, in Arizona v. In that case, a 5-3 majority ruled against a state seeking to enforce immigration laws in light of what it described as a vacuum of federal action. There is a difference between the colloquial and constitutional meaning of such terms.

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Circuit Scoop — February 2025

Above The Law

In a series of recent decisions, federal courts across the United States have addressed a range of significant legal issues, from civil rights and constitutional law to administrative authority and criminal justice. Area of Law: Constitutional Law, Civil Rights, Federal Authority: 25 points. 2492 and H.B.

Court 69
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No, an indictment wouldn’t end Trump’s run for the presidency – he could even campaign or serve from a jail cell

LLRX

Stefanie Lindquist Foundation Professor of Law and Political Science, Arizona State University, answers critical questions including: does an indictment – or even a felony conviction – prevent a presidential candidate from running or serving in office?

Felony 105
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“Just Do It”: Democrats Continue to Struggle to Find a Crime to fit the Offense

JonathanTurley

Hearing an account of Trump lawyer John Eastman tell the Arizona House Speaker Rusty Bowers to “just do it” in scrapping the state’s slate of electors was cringeworthy. However, many seem to be making the same demand of Attorney General Garland about bringing criminal charges.

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Justice or Just Desserts? Trump, Cosby and Georgia cases show rising cost of political litigation

JonathanTurley

Democratic National Committee , an Arizona case in which the U.S. The Biden administration has made opposition to Georgia’s law into a rallying cry for its stalled legislative efforts to federalize state election laws. The lawsuit was less surprising than its timing: It was filed just days before the release of Brnovich v.

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The “Why Not” Culture: Why the Georgia Final Report Should Worry Us All

JonathanTurley

It is the “why not” approach to criminal and constitutional law. This week, Democratic Arizona Secretary of State Adrian Fontes aptly described the claimed right to disqualify as a “radical” measure that would “encompass every elected office in our government — state, local, federal, and so forth.”