JURIST

AUGUST 22, 2021

In a 5-2 decision, the Kenya Court of Appeal on Friday upheld a Kenya High Court decision declaring the Building Bridges Initiative (BBI), a constitutional amendment bill, unconstitutional. The court expressed that the said doctrine limits the amendment power set out in Articles 255-257 of the Constitution.

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LLRX

MAY 30, 2022

Wade has been settled law during her entire career. In this article Biehl succinctly and expertly identifies how the upcoming Supreme Court decision in Dobbs V. Kathy Biehl is a lawyer licensed in two states, as well as a prolific multidisciplinary author and writer.

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Constitutional Law Reporter

JANUARY 19, 2023

Supreme Court agreed to keep the federal government’s Title 42 policy in place while legal challenges continue. By a vote of 5-4, the justices stayed a lower court decision that would have lifted the policy on December 21, 2022. Alejandro Mayorkas et al.,

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Constitutional Law Reporter

MARCH 26, 2025

However, the Ninth Circuit Court of Appeals denied the citys petition for review. Supreme Courts Decision The Supreme Court reversed by a vote of 5-4. The post SCOTUS Rules Against EPA in Clean Water Case appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

MARCH 20, 2025

Supreme Court held that alleging commingling of funds alone cannot satisfy the commercial nexus requirement of the expropriation exception of the Foreign Sovereign Immunities Act of 1976 (FSIA). The Courts decision was unanimous. Supreme Courts Decision The Supreme Court disagreed.

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Constitutional Law Reporter

DECEMBER 2, 2024

In response to the courts decision, the Louisiana Legislature adopted a new redistricting map via by Senate Bill 8 (SB8), which established a second majority-Black congressional district to resolve the Robinson litigation. A decision is expected by the end of the term in June/July. Please check back for updates.

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Constitutional Law Reporter

OCTOBER 18, 2023

Both laws also require platforms to provide individualized explanations for certain forms of content moderation and mandate that platforms provider general disclosures about their content-moderation practices. In the Florida case, the Eleventh Circuit Court of Appeals affirmed a preliminary injunction in part.

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Constitutional Law Reporter

JUNE 10, 2024

Supreme Court Upholds CFPB Funding Scheme appeared first on Constitutional Law Reporter. “And, it specifies the objects for which the Bureau can use those funds—to ‘pay the expenses of the Bureau in carrying out its duties and responsibilities.’” The post U.S.

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Constitutional Law Reporter

MAY 30, 2023

Each suit premised jurisdiction on district courts’ ordinary federal-question authority to resolve “civil actions arising under the Constitution, laws, or treaties of the United States.” The post Supreme Court Greenlights Pre-enforcement Challenges to FTC and SEC Proceedings appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

APRIL 11, 2023

The Supreme Court went on to find that Delaware’s various arguments as to why the Disputed Instruments should not qualify as “other similar written instrument[s]” within the meaning of §2503 were unpersuasive. The post Delaware Loses Bid to Keep Uncashed MoneyGram Checks appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

APRIL 18, 2023

After concluding that §1415( l ) did not preclude Perez’s ADA lawsuit, it remanded the matter back to the lower court. The post SCOTUS Sides With Deaf Student in ADA Suit appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

MAY 1, 2023

The Supreme Court next addressed the Government’s argument that several prior Court decisions establish that the provision is jurisdictional. According to the majority, none of the three decisions definitively interpreted §2409a(g) as jurisdictional.

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Constitutional Law Reporter

MAY 10, 2023

The Supreme Court is expected to issue opinions in the cases prior to the end of the Term in June. The post SCOTUS Concludes Oral Arguments for the Term appeared first on Constitutional Law Reporter. Please check back for updates.

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Constitutional Law Reporter

SEPTEMBER 23, 2024

According to the dissenters, the majority’s decision has the potential to be “profoundly destabilizing.” “ Any established government regulation about any issue — say, workplace safety, toxic waste, or consumer protection — can now be attacked by any new regulated entity within six years of the entity’s formation,” Justice Jackson wrote.

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Constitutional Law Reporter

MAY 14, 2024

According to the Court, this requirement “undermines any attempt to give the provision a sweeping, open-ended construction,” instead limiting §1 to its appropriately “narrow” scope. The post SCOTUS Clarifies Reach of FAA Exemption for Transportation Workers appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

JUNE 26, 2023

Notably, the Court’s narrow decision did not directly address the merit of the Rogers test or when it may be appropriate to apply. The post SCOTUS Sides With Jack Daniels in Dog Toy Trademark Dispute appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

OCTOBER 28, 2024

Notably, the Court did not address whether the out-of-court statements Longoni conveyed were testimonial. The issue must now be addressed by the lower court. The post Supreme Court Clarifies Application of Confrontation Clause to Forensic Analysis appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

AUGUST 6, 2024

“The Constitution’s Eighth Amendment serves many important functions, but it does not authorize federal judges to wrest those rights and responsibilities from the American people and in their place dictate this Nation’s homelessness policy,” he wrote.

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Constitutional Law Reporter

JULY 30, 2024

According to Kagan, the majority, in “one fell swoop,” has given “itself exclusive power over every open issue — no matter how expertise-driven or policy-laden — involving the meaning of regulatory law.” The post Divided Supreme Court Strikes Down Chevron in Landmark Decision appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

JUNE 19, 2024

” The post SCOTUS Rules Challenged South Carolina District Is Not a Racial Gerrymander appeared first on Constitutional Law Reporter. And to tell the state that it must redraw District 1, this time without targeting African-American citizens.”

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Constitutional Law Reporter

MAY 20, 2022

The District Court granted Cruz and his Committee summary judgment on their constitutional claim, holding that the loan-repayment limitation burdens political speech without sufficient justification, and dismissed as moot their challenges to the regulation. Supreme Court Decision.

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Constitutional Law Reporter

JUNE 22, 2023

The post Supreme Court Holds Retaining Excess Value Violated Takings Clause appeared first on Constitutional Law Reporter. “A taxpayer who loses her $40,000 house to the State to fulfill a $15,000 tax debt has made a far greater contribution to the public fisc than she owed.

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Constitutional Law Reporter

APRIL 4, 2023

According to the majority, BSA and its regulatory scheme suggests the “law aims to provide the government with a report sufficient to tip it to the need for further investigation, not to ensure the presentation of every detail or maximize revenue for each mistake.”

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Constitutional Law Reporter

FEBRUARY 16, 2023

While the Court acknowledged that “hard and fast limits on retroactive benefits can create harsh results,” it also emphasized that Congress has the power to choose between rules, which prioritize efficiency and predictability, and standards, which prioritize optimal results in individual cases.

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Constitutional Law Reporter

JULY 9, 2024

The post SCOTUS Clarifies Court Must Resolve Competing Arbitration Provisions appeared first on Constitutional Law Reporter. To hold otherwise would be to impermissibly ‘elevate [a delegation provision] over other forms of contract.’”

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Constitutional Law Reporter

JUNE 17, 2024

Notably, that issue is before the Court in a pending petition for certiorari in Hearst Newspapers, LLC v. The post SCOTUS Holds No Time Limit for Damages Under Copyright Act appeared first on Constitutional Law Reporter. Martinelli.

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Constitutional Law Reporter

MAY 7, 2024

The post Supreme Court Clarifies “Safety Valve” in Federal Criminal Sentencing Laws appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

APRIL 25, 2024

The post SCOTUS Rules FBI Must Face Lawsuit Over No-Fly List appeared first on Constitutional Law Reporter. As the case unfolds, the complaint’s allegations will be tested rather than taken as true, and different facts may emerge that may call for a different conclusion.”

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Constitutional Law Reporter

NOVEMBER 5, 2024

The Court remanded the case back to the lower courts to assess whether Gonzalez’s evidence suffices to satisfy the Nieves exception. The post SCOTUS Clarifies Standard for Retaliatory Arrest Claims appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

AUGUST 13, 2024

“Together, the surety and going armed laws confirm what common sense suggests: When an individual poses a clear threat of physical violence to another, the threatening individual may be disarmed,” Chief Justice Roberts wrote. The post SCOTUS Clarifies Bruen in Upholding Federal Gun Law appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

JUNE 5, 2024

Because McIntosh did not challenge the lower courts’ harmlessness analysis in either his certiorari petition or his opening brief, the Court did not revisit it. The post Supreme Court Rejects Strict Criminal Forfeiture Timelines appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

MAY 29, 2024

The post SCOTUS Sides With California Developer in Takings Case appeared first on Constitutional Law Reporter. It found the same is true for issues concerning whether the parties’ other arguments are preserved and how those arguments bear on Sheetz’s legal challenge.

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Constitutional Law Reporter

FEBRUARY 28, 2024

The post Supreme Court Rules Federal Agencies Can Be Sued Under Fair Credit Reporting Act appeared first on Constitutional Law Reporter. “Both provisions thus exempt government agencies from the Act’s otherwise-broad definition of ‘person’ for particular reasons in particular contexts,” he emphasized.

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Constitutional Law Reporter

SEPTEMBER 25, 2023

Finally, the Court emphasized that nothing prohibits universities from considering an applicant’s discussion of how race affected the applicant’s life, so long as that discussion is concretely tied to a quality of character or unique ability that the particular applicant can contribute to the university.

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Constitutional Law Reporter

SEPTEMBER 8, 2023

The post Supreme Court Upholds Ban on Encouraging Illegal Immigration appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

AUGUST 9, 2023

“What is most important is that “undue hardship” in Title VII means what it says, and courts should resolve whether a hardship would be substantial in the context of an employer’s business in the common-sense manner that it would use in applying any such test.”

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Constitutional Law Reporter

JULY 19, 2023

The post Supreme Court Clarifies First Amendment Test for True Threats appeared first on Constitutional Law Reporter. But in declining one of those two alternative paths, something more important is gained: Not ‘having it all’—because that is impossible—but having much of what is important on both sides of the scale.”

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