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

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

SEPTEMBER 30, 2024

“This Court has never accepted such a boundless theory of standing.” The post SCOTUS Rules Plaintiffs Lack Standing to Challenge Government’s Alleged Social Media Censorship appeared first on Constitutional Law Reporter.

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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

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

APRIL 30, 2024

The post SCOTUS Rules Double Jeopardy Bans Retrial of Defendant Found Non-Guilty by Reason of Insanity appeared first on Constitutional Law Reporter. “This bright-line rule exists,” she emphasized, “to preserve the jury’s ‘overriding responsibility.

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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

OCTOBER 14, 2024

The post SCOTUS Kicks Off New Term With … appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

DECEMBER 27, 2023

While not binding, lower courts may be influenced by his reasoning. The post SCOTUS Issues Term’s First Decision – Finds ADA Case Moot appeared first on Constitutional Law Reporter. According to Justice Thomas, Laufer’s “claim d[id] not assert a violation of a right under the ADA, much less a violation of her rights.”

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Constitutional Law Reporter

MARCH 30, 2023

347 (1964), in which the Court held that “an unforeseeable and unsupported state-court decision on a question of state procedure does not constitute an adequate ground to preclude this Court’s review of a federal question.” However, according to the majority, the case is an exception under Bouie v.

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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

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

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

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

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

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

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

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

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

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

JUNE 25, 2024

The Supreme Court remanded the case back to the Second Circuit to evaluate the NRA’s claims in accordance with its opinion. The post SCOTUS Sides With NRA in First Amendment Dispute appeared first on Constitutional Law Reporter.

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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

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

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

JULY 23, 2024

The post Supreme Court Rules Bribery Statute Doesn’t Criminalize Gratuities for Past Acts appeared first on Constitutional Law Reporter. But the gratuities statute for federal officials, §201(c), does not.”

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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

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

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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Constitutional Law Reporter

SEPTEMBER 19, 2023

The Supreme Court remanded the case back to the Seventh Circuit Court of Appeals for further proceedings. The post SCOTUS Clarifies Scienter Standard for False Claims Act Cases appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

SEPTEMBER 12, 2023

The Supreme Court went on to find that Smagin was injured in the United States “because his ability to enforce a California judgment, confirming an international arbitration award, was impaired by racketeering activity that largely occurred in or was direct from and targeted at California.”

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Conflict of Laws

DECEMBER 21, 2023

SYMPOSIUM: Fundamental Rights and Private International Law Ralf Michaels: Einleitung zum Symposium: Grundrechte und IPR im Lichte der Entscheidung des Bundesverfassungsgerichts zum Kinderehenbekämpfungsgesetz, 707–713, DOI: [link] [Open Access: CC BY-SA 4.0]

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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

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

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

APRIL 10, 2024

For example, because Facebook’s blocking tool operates on a page-wide basis, a court would have to consider whether Freed had engaged in state action with respect to any post on which Lindke wished to comment.

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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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