Constitutional Law Reporter

SEPTEMBER 23, 2024

Supreme Court held that a claim under the Administrative Procedure Act (APA) does not accrue for purposes of 28 U.S.C. 2401(a) ’s default six-year statute of limitations until the plaintiff is injured by final agency action. The District Court dismissed the suit as time-barred under 28 U. In Corner Post, Inc.

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Constitutional Law Reporter

SEPTEMBER 15, 2021

By a vote of 5-4, the justices held that only a plaintiff concretely harmed by a defendant’s violation of the Fair Credit Reporting Act (FCRA) has Article III standing to seek damages against that private defendant in federal court. The FCRA also creates a cause of action for consumers to sue and recover damages for certain violations.

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Constitutional Law Reporter

FEBRUARY 8, 2024

Supreme Court heard oral arguments in four cases this week. The two most closely watched involve whether the Court should overrule its landmark decision in Chevron v. The Court’s Chevron decision established a bedrock principle of administrative law. The cases before the Court, Relentless, Inc. 837 (1984).

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Constitutional Law Reporter

JUNE 1, 2023

Supreme Court held that death row inmate Rodney Reed did not wait too long to seek DNA testing of the evidence in his case. According to the Court majority, when a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations for a 42 U.S.C.

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Constitutional Law Reporter

MARCH 9, 2021

S. _ (2021), the Supreme Court ruled that the Federal Tort Claims Act barred college student James King’s claims of police brutality. The Court unanimously held that the district court’s dismissal of King’s claims under the FTCA triggered the “judgment bar” in 28 U.S.C. In Brownback v. King ,592 U.

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Conflict of Laws

MAY 31, 2021

Jurisdiction is a fundamental aspect of Nigerian procedural law. In Nigerian judicial parlance, we have become accustomed to the principle that the issue of jurisdiction can be raised at any time, even at the Nigerian Supreme Court – the highest court of the land – for the first time. [1]

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JonathanTurley

JANUARY 16, 2023

The Supreme Court has granted certiorari in a potentially major case on the free exercise of religion. The trial court and Third Circuit ruled for the Postal Service under Hardison. “Groff’s proposed accommodation of being exempted from Sunday work would cause an undue hardship. .”

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Constitutional Law Reporter

APRIL 20, 2022

Supreme Court heard oral arguments in four cases last week, with Justice Clarence Thomas participating remotely after being discharged from the hospital. Other issues before the Court included the extent of Congress’ war powers under Article 1 of the U.S. Constitution. Constitution. ” In Circuit City Stores, Inc.

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Constitutional Law Reporter

JUNE 17, 2022

Supreme Court held that the authority of a court to imply a cause of action under Bivens v. While the Court did not overrule Bivens , it did emphasize that recognizing a Bivens cause of action is “a disfavored judicial activity.”. Supreme Court’s Decision. . _ (2022), the U.S. In Bivens v.

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JonathanTurley

JULY 23, 2021

What is interesting is that the Chapter includes a ban on any constitutional, contractual, or regulatory lawsuit for losses under this ban. NO PRIVATE CAUSE OF ACTION. (a) ” An actual state boycott could raise serious constitutional questions in interfering with interstate commerce and free speech. In Reeves, Inc.

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JonathanTurley

SEPTEMBER 9, 2021

Free speech has always held a precarious position in Australia which does not have an equivalent to the First Amendment in guaranteeing free speech as a constitutional right. Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech.

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JURIST

AUGUST 16, 2023

The US Court of Appeals for the District of Columbia Circuit on Tuesday reversed the dismissal of a lawsuit against the District of Columbia alleging that it selectively enforced its defacement ordinance against anti-abortion protesters but not Black Lives Matter (BLM) protesters in the summer of 2020.

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JURIST

MAY 26, 2023

McMaster responded to the judge’s ruling, writing, “We will continue fighting to protect the lives of the unborn in South Carolina and the constitutional law that protects them. I hope that the Supreme Court will take this matter up without delay.”

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Constitutional Law Reporter

SEPTEMBER 27, 2021

Supreme Court recently declined to block enforcement of a Texas law that prohibits abortions after six weeks of pregnancy. The Court denied the application for injunctive relief in Whole Woman’s Health v. The Texas law at issue, S.B. The district court denied the defendants’ motion to dismiss the case.

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JonathanTurley

MAY 7, 2022

Former President Donald Trump achieved mixed results in courts this week. The court then found that the filing could not maintain a group libel theory. Lait (1952), a New York federal district court addressed a defamation claim arising from the publication of the book “U.S.A. We have previously discussed this tort theory.

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JonathanTurley

DECEMBER 23, 2020

This case pleads that everybody, even publicly elected officials and celebrities, is owed the right to sexual privacy and redress from our courts when they experience intimate partner violence.”. The use of emotional distress claims runs against the grain of various cases, including the Westboro decision of the Supreme Court in 2011.

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