JonathanTurley

JUNE 24, 2021

In a 6-3 decision that broke along ideological lines (a departure from a long line of unanimous or non-ideological rulings ), the court ruled in Cedar Point Nursery v. Hassid that a California law was a takings under the Constitution.

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JonathanTurley

JULY 2, 2023

Yet, after the Court barred the use of race criteria, schools are now arguing that it will make a massive difference and substantially reduce minority admissions. Since the 1970s, the Supreme Court has ruled that race could not be a determinative or major factor in admissions. In Regents of the University of California v.

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JonathanTurley

JANUARY 8, 2022

Indeed, this seems like an effort to evade the constitutional limits placed on incitement crimes by the courts. The Inslee law would create a new and vague category for violent speech. ” That is precisely what such an ambiguous law would do in Washington state. In Brandenburg v. ” In Smith v.

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JonathanTurley

OCTOBER 31, 2022

Here is the column: Forty-four years ago, the Supreme Court was the center of a raging protest by thousands as the justices took up the case of Regents of the University of California v. Bakke to decide if racial admission quotas were constitutionally permissible at a California medical school.

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JonathanTurley

MAY 9, 2021

However, a court cannot condition parental custody on a parent curtailing their political speech or removing symbols reflecting their cultural or political viewpoints. . California, 283 U. See Stromberg v.

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JonathanTurley

MARCH 6, 2023

The court ruled that “mere epithets” directed at a law enforcement officer are not exempt from First Amendment protections as fighting words. The Supreme Court has routinely ruled that the First Amendment protects profanity. In 1971, the Court ruled in Cohen v. California , 403 U.S.

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JonathanTurley

JUNE 29, 2021

The Tenth Circuit upheld the district court decision in favor of the IRS and its authority to conduct the audit. Thomas noted that in 2005 a fractured divided court ruled Gonzales v. Raich , 545 U.S.

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JonathanTurley

MARCH 22, 2021

As Eugene Volokh correctly pointed out , the California Labor Code protects “political activities” employees and the California Supreme Court ruled in Gay Law Students Ass’n v. 1979) that “political activities” includes not just electioneering but also “espousal of … a cause.”.

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JURIST

MAY 27, 2024

But the Convention came together to declare that equal rights, including rights for women and LGBTQ+ people, should be a fundamental value of American constitutional law. It was in response to the Supreme Court decision Kelo v. The fourth and final amendment to pass was an amendment limiting eminent domain. New London.

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JonathanTurley

JUNE 4, 2022

There is growing support for such age limits after the Uvalde massacre, even though a similar limit was struck down in California. The age limit could pass constitutional muster despite the opposing ruling in California. An appeal is proceeding in that case. The age limit bill passed the Senate along party lines, 43-20.

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JonathanTurley

JANUARY 13, 2022

San Francisco Regional Director Jill Coffman declared that the company is violating the rights of workers in 10 different states (Massachusetts, New Hampshire, Pennsylvania, New Jersey, Virginia, Maryland, Georgia, Washington, Indiana, and California). In her consolidated complaint against Whole Foods Market, Inc.,

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JonathanTurley

DECEMBER 27, 2023

There are a number of new laws that will kick in in 2024, but one of the most interesting fights are likely to over the new California law requiring stores with more than 500 employees to carry “gender-neutral” toys over face state fines. The law , signed by Gov. In 2014, in Burwell v.

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JonathanTurley

AUGUST 25, 2021

There is a new lawsuit filed in the Eastern District of California against the band Nirvana over its most iconic cover. Civil and statutory claims can be curtailed by constitutional limitations. Supreme Court ruled against a provision of federal law that banned computer simulations and virtual pornography under the first amendment.

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JonathanTurley

SEPTEMBER 27, 2021

The courts, including the state supreme court , ruled for Cross, noting that he could keep his job, adhere to his faith and satisfy the policy by avoiding pronouns altogether. Recently, a California court ruled that misgendering patients is protected despite a landmark LGBTQ+ rights bill.

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JonathanTurley

JUNE 5, 2021

The problem is that many politicians like California Gov. Gavin Newsom opposed the decision of the Supreme Court in 2008 in District of Columbia v. The court has repeatedly reaffirmed that landmark decision. Using the easy to understand Heller test, it is obvious that the California assault weapon ban is unconstitutional.

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JonathanTurley

AUGUST 30, 2024

Courts too have recognized how seemingly innocuous phrases may convey profane messages. A county court in San Diego, California referred an attorney to the State Bar when counsel, during a hearing, twice directed the phrase “See You Next Tuesday” toward two female attorneys. ” (Am I the A**hole?)….

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JonathanTurley

JULY 27, 2022

Any challenge would have a record full of self-defeating statements from the sponsors who leave no doubt that their true motivation is to get rid of the conservative majority in response to rulings that they oppose. Many continue to assert that the adoption of a constitutional interpretation that they oppose is, as stated by Rep.

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JonathanTurley

DECEMBER 17, 2021

Below is my column in The Hill on the recent bills proposed in Florida and California on immigration and guns. Here is the column: California Gov. In California, Newsom pledged to re-purpose the Texas “heartbeat law” to limit gun rights. If written as Newsom described, the law would be dead-on-arrival.

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JonathanTurley

JULY 15, 2022

.” Ironically, it was the only part of the president’s remarks that is consistent with what the court actually said in its decision in Dobbs v. Wade, the court ruled that millions of citizens, not nine justices, must now decide the question of abortion. Jackson Women’s Health Organization. In overturning Roe v.

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JonathanTurley

OCTOBER 3, 2022

Since declaring affirmative action in admissions to be unconstitutional in 1978 in Regents of the University of California v. Bakke, the court has never achieved clarity on the constitutional use of race beyond barring any preference “for no reason other than race or ethnic origin.” University of North Carolina. Bollinger.).

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JonathanTurley

JUNE 20, 2022

There is an interesting case out of Chico State University in California on the criminalization of violent speech. Ohio , the Supreme Court ruled in 1969 that even calling for violence is protected under the First Amendment unless there is a threat of “ imminent lawless action and is likely to incite or produce such action.”.

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JonathanTurley

FEBRUARY 3, 2025

During the debates, Senator Edgar Cowan of Pennsylvania asked: Is the child of the Chinese immigrant in California a citizen? Senator John Conness of California answered this in the affirmative. In 1898, the court ruled inU.S. Is the child born of a Gypsy born in Pennsylvania a citizen? direct and immediate allegiance.

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Above The Law

JANUARY 24, 2025

Rosas Judge Collins / Ninth Circuit / December 10, 2021 Case Overview The case involved Arroyo, a person with a disability, who filed a lawsuit against Rosas for violating the Americans with Disabilities Act (ADA) and the California Unruh Act, which prohibits discrimination based on disability. 5 Tangreti v.

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JonathanTurley

JUNE 17, 2022

Tribe could argue that a claim could be made under a “natural and probable consequences” argument, which has been curtailed in states like California. Indeed, such a claim would contradict controlling Supreme Court precedent. See People v. Gillespie, 2022 Cal. LEXIS 3055 *, 2022 WL 1564200. Indeed, in People v.

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JonathanTurley

APRIL 8, 2025

In a 5-4 ruling, the Supreme Court delivered a victory to the Trump Administration on the deportations under the 1798 Alien Enemies Act of suspected gang members of Tren de Aragua. The Court ruled that U.S. Rather, as some of us previously argued, the Court ruled that this is a habeas case that should be heard in Texas.

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JonathanTurley

JANUARY 27, 2022

As previously discussed in columns, the Supreme Court has repeatedly rejected such threshold exclusions on the basis of race or gender as raw discrimination. In 1977, the Court ruled in Regents of the University of California v. Bakke, that affirmative action in medical school admissions was unconstitutional.

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ClimateChange-ClimateLaw

AUGUST 4, 2021

Washington Supreme Court Said Climate Activist Was Entitled to Present Necessity Defense Based on Evidence that Legal Alternatives Were Not “Truly Reasonable”. Federal Court Rejected Federal Preemption Challenge to Berkeley Natural Gas Ban. California Restaurant Association v. Haaland , No. 1:20-cv-05065 (S.D.N.Y. July 6, 2021).

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JonathanTurley

DECEMBER 8, 2020

With the nomination of California Attorney General Xavier Becerra for Secretary of the Department of Health and Human Services, the list of presumed frontrunners for Attorney General is narrowing. Indeed, the challengers went to the Supreme Court and said that it was essentially the same order with the same underlying discriminatory impact.

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JonathanTurley

MAY 10, 2021

When the Supreme Court ruled in the Citizens United case that corporations have free speech rights to participate in politics, Warren was appalled. She has long rejected the notion that corporations have the constitutional rights like individuals: “Corporations are not people. Elizabeth Warren (D-Mass.)

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