Constitutional Law Reporter

JANUARY 6, 2025

Below is a brief summary of the legal questions before the Court: Feliciano v. To eliminate the financial burden that reservists face when called to active duty at pay rates below their federal civilian salaries, Congress enacted the differential pay statute, 5 U.S.C. Supreme Court heard its final oral arguments of 2024.

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Conflict of Laws

JUNE 28, 2023

Supreme Court yesterday upheld the constitutionality of Pennsylvania’s corporate registration statute, even though it requires out-of-state corporations registering to do business within the state to consent to all-purpose (general) personal jurisdiction. This post is by Maggie Gardner, a professor of law at Cornell Law School.

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ClimateChange-ClimateLaw

MAY 23, 2018

There are eight other climate change tort cases pending: six alleging nuisance and a variety of other state common law violations in California courts, one claiming state public nuisance along with other state common law and statutory violations in Colorado, and one claiming state public nuisance and trespass in Washington.

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Broadcast Law Blog

NOVEMBER 30, 2011

December 1 is also the deadline for noncommercial ownership reports to be filed by noncommercial radio stations in Alabama, Connecticut, Georgia, Massachusetts, Maine, New Hampshire, Rhode Island and Vermont , and noncommercial television stations in Colorado, Minnesota, Montana, North Dakota and South Dakota (see our Advisory here ).

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ClimateChange-ClimateLaw

JULY 6, 2017

The court said the statutory language authorized courts to grant stays and that EPA’s reading of the statute “would have the perverse result of empowering this court to act when the agency denies a stay but not when it chooses to grant one.” A debtor would beg to differ.”).

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

The Second Circuit agreed with the district court that the plaintiff lacked standing because he failed to allege an injury in fact since he “never explained why he had any legal right to have the document distributed.” EPA’s brief is due December 15. National Environmental Development Association’s Clean Air Project v. Williams , No.

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SCOTUSBlog

NOVEMBER 2, 2022

Two other cases involve a dispute involving the Navajo Nation’s rights to Colorado River water. The government argues that although enablement inquiry requires some factual findings, it also includes questions of law, and the Federal Circuit properly set aside a jury verdict favoring Amgen on legal grounds. Abitron Austria GmbH v.

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LawSites

FEBRUARY 26, 2024

Editor’s note: The following guest post is a response to my recent post, The Justice Gap in Legal Tech: A Tale of Two Conferences and the Implications for A2J. Bob Ambrogi recently contrasted the efficiency and elegance of legal-tech tools available in the corporate sector with those designed for the civil justice system.

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SCOTUSBlog

DECEMBER 7, 2022

A federal court in California convicted Hansen of multiple counts of fraud, as well as convincing customers to overstay their visas and participate in his adoption program in violation of the encourage-or-induce statute. District courts have discretion to impose either consecutive or concurrent sentences unless a statute mandates otherwise.

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SCOTUSBlog

OCTOBER 22, 2021

Before trial, the district court rejected Struve’s argument that the officers had violated the Fourth Amendment in pulling him over without reasonable suspicion because they could not tell whether he was texting or using his cellphone legally. In his petition, Tuggle argues that the U.S. Lamoureux v. Bethany Hospice and Palliative Care LLC.

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SCOTUSBlog

JULY 2, 2021

Supreme Court in 2017, but the justices sent the case back for another look after their ruling in Masterpiece Cakeshop , the Colorado case. Premier Rehab Keller , a lawsuit filed in federal court in 2018 by Jane Cummings, who has been deaf since birth and is legally blind. The case will be argued sometime next fall.

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SCOTUSBlog

JUNE 20, 2024

Eagle County, Colorado , the coalition, supported by seven “friend of the court” briefs filed by Indian tribes, the state of Utah, and various interest groups, argues that NEPA does not require an agency to study environmental impacts beyond the proximate effects of the action over which the agency has regulatory authority. Kentucky ex rel.

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SCOTUSBlog

MARCH 30, 2022

Colorado Civil Rights Commission (relisted 14 times). Andrus argues that the Texas court “disregard[ed] this Court’s determinations and legal precedents to strain for a result that it prefers,” and in the process violated “vertical stare decisis,” the principle that lower courts must follow the Supreme Court’s decisions.

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SCOTUSBlog

MARCH 26, 2025

Colorado Republican Federal Campaign Committee upheld the 1971 laws limits on coordinated party expenditures. Fast-forward two decades to today, and the Colorado ruling is under siege. In an opinion by Chief Judge Jeffrey Sutton, the court of appeals concluded it was bound by the Supreme Courts 2001 ruling in the Colorado case.

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SCOTUSBlog

OCTOBER 10, 2024

Judge Julius Richardson concurred in the judgment, asking the Supreme Court to clarify the legal tests governing the inquiry. Colorado , in which the justices have been asked to decide whether the Sixth Amendment guarantees the right to continuous representation by the same court-appointed attorney. Davis was convicted. 30 conference.)

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The Crime Report

JULY 15, 2022

Indeed, there are several reasons why the Act and Bruen decision are neither incompatible with—nor out of the mainstream of—legal and policy thought. States can and should ensure such statutes provide extensive due process protections.

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JURIST

JANUARY 31, 2025

The US Court of Appeals for the Fifth Circuit ruled Thursday that a federal statute requiring people to be 21 to purchase handguns from Federal Firearms Licensees (FFLs) conflicts with previous Supreme Court decisions and the Second Amendment.

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SCOTUSBlog

SEPTEMBER 21, 2023

A person held in state prison can challenge the constitutionality of their criminal conviction in federal court through a legal tool known as a writ of habeas corpus. He argues that there is a divide among the courts of appeals over whether similar sex-offender regimes place registrants “in custody” for purposes of the habeas statute.

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ClimateChange-ClimateLaw

OCTOBER 20, 2020

1442, or the civil-rights removal statute, 28 U.S.C. The district court rejected eight grounds for removal, but the Fourth Circuit concluded its appellate jurisdiction was limited to determining whether the companies properly removed the case under the federal-officer removal statute. Mayor & City Council of Baltimore , No.

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Above The Law

MAY 8, 2025

A suit, filed pro se (naturally) in the Northern District of Georgia, alleges a vast NFL conspiracy to collude and depress Shedeur Sanders’s draft stock, violating antitrust law, civil rights law, and consumer protection statutes. I regret to inform you that your favorite team hurt your feelings is not yet a legally cognizable injury.

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SCOTUSBlog

MAY 20, 2025

John Sauer told the court that although the Department of Justice has a longstanding policy of defending challenged federal statutes, it has determined that this is the rare case that warrants an exception to that general approach. In a brief responding to a petition for review filed by the NRSC , U.S. Solicitor General D.

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JURIST

JANUARY 20, 2024

Judge Mary Sue Wilson wrote, “An order directing the secretary of state to take different action, an order from this court, is simply not supported by the statutes and not supported by the affidavit of the electors.” Colorado has already removed him from their ballot.

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The Crime Report

MAY 4, 2022

Food and Drug Administration-approved medications, herbal remedies, or other non-medical methods “will be falsely arrested on charges of violating abortion bans, homicide laws, and other criminal statutes.

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SCOTUSBlog

OCTOBER 30, 2022

And the challengers’ view of the 14th Amendment as enshrining a neutral, colorblind equality principle is contested by historians and legal scholars who argue that the 14th Amendment (as well as the 13th and 15th) were effectively affirmative-action amendments. 9, another remedial statute is at risk. In Haaland v.

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ClimateChange-ClimateLaw

NOVEMBER 7, 2017

The mining company argued that the district court should not have issued the injunction without hearing legal arguments and factual evidence on the appropriate remedy, and without weighing the mandatory factors for a mandatory injunction. Energy & Environment Legal Institute v. Resolute Forest Products, Inc. 3:17 -cv-02824 (N.D.

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JonathanTurley

DECEMBER 1, 2020

” It is a term that we have previously discussed because of efforts to ban its use despite being a common reference to the status of individuals in statutes, policies, and cases, including the Trump policy at issue in this case. That’s the legal question.” Colorado legislators have also denounced its use.

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SCOTUSBlog

JANUARY 11, 2023

Under the False Claims Act, a defendant is liable for submitting a false claim to the government for payment if it acts “knowingly,” which the statute defines as acting with actual knowledge, deliberate ignorance, or reckless disregard. That is because, as the U.S. relisted after the Jan. 6 conference). Younger , 22-210. 6 conference).

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HowAppealing

APRIL 14, 2025

“Another Lawsuit, This Time in Colorado, Over Trumps Use of the Alien Enemies Act; The presidents efforts to invoke a wartime statute to deport scores of Venezuelan immigrants have set off one of the most contentious legal battles of his second term”: Alan Feuer of The New York Times has this report.

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ClimateChange-ClimateLaw

OCTOBER 7, 2019

Colorado Federal Court Remanded Local Governments’ Climate Case to State Court. The federal district court for the District of Colorado rejected arguments that the U.S. Briefing on the stay motion was completed on September 26. Rhode Island v. Chevron Corp. , 1:18-cv-00395 (D.R.I.

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The Crime Report

DECEMBER 13, 2021

The figures show that changing public attitudes and the growing number of states outlawing executions –Colorado became the 19 th state to abolish the death penalty in 2020—have combined to steadily reduce the use of capital punishment in the U.S. Supreme Court invalidated capital punishment statutes in several states in Furman v.

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JURIST

NOVEMBER 10, 2023

The court’s judgment reflected on the language of the amendment but emphasized the absence of a Minnesota statute that aligns with this constitutional provision to disqualify a candidate from the primary ballot. The court’s dismissal “without prejudice” allows petitioners to raise their claims again at a later date.

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ClimateChange-ClimateLaw

NOVEMBER 16, 2020

The First Circuit—like the Fourth, Ninth, and Tenth Circuits in other climate change cases—concluded that the scope of its appellate review was limited to whether the defendants properly removed the case under the federal-officer removal statute. Tenth Circuit Ordered Coal Company to Stop Preparation for Mining in Colorado Roadless Area.

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ClimateChange-ClimateLaw

FEBRUARY 10, 2020

Circuit to hold the cases in abeyance was to allow the federal district for the District of Columbia to resolve cases challenging NHTSA’s action that raise similar legal issues. The court found that the plaintiff, who did not allege any legally cognizable relationship with the community college, had failed to allege Article III standing.

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SCOTUSBlog

JANUARY 16, 2025

But in response to legal challenges, Congress amended the law in 2022 to give the FTC the power to make changes to the authoritys rules. Two years ago, when the Supreme Court denied review on a petition questioning the legality of that practice, Justices Neil Gorsuch and Sonia Sotomayor dissented. Relisted after the Jan. 10 conference.)

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Above The Law

MARCH 21, 2025

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. Additionally, cases that reversed lower court decisions or set new legal precedents were considered more significant.

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ClimateChange-ClimateLaw

FEBRUARY 10, 2021

A magistrate judge in the federal district court for the District of Colorado recommended that the court grant an underground coal mine operator’s motion to dismiss a Clean Air Act citizen suit that alleged the mine required a Prevention of Significant Deterioration construction permit and a Title V operating permit. 1:20-cv-03817 (D.D.C.

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ClimateChange-ClimateLaw

JUNE 8, 2021

Supreme Court held that the Fourth Circuit Court of Appeals erred when it concluded that its review of the remand order in Baltimore’s climate change case against fossil fuel companies was limited to determining whether the defendants properly removed the case under the federal officer removal statute. Renewable Fuels Association v.

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