Constitutional Law Reporter

APRIL 4, 2023

The statute imposes a maximum $10,000 penalty for nonwillful violations of the law. As explained by the Supreme Court, FBAR reports are designed to help the government trace funds that may be used for illicit purposes and identify unreported income that may be subject to taxation.

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Constitutional Law Reporter

SEPTEMBER 30, 2024

Supreme Court held that two States and five individual social-media users who sued dozens of Executive Branch officials and agencies, alleging that the Government pressured the platforms to censor their speech in violation of the First Amendment, lacked Article III standing to bring their suits. _ (2024), the U.S.

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Constitutional Law Reporter

MAY 1, 2023

The Government claims that the easement includes public access, which petitioners dispute. In 2018, petitioners sued the Government under the Quiet Title Act, which allows challenges to the United States’ rights in real property. Petitioners countered that §2409a(g)’s time limit is a non-jurisdictional claims-processing rule.

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Constitutional Law Reporter

JUNE 25, 2024

In reaching its decision, the Supreme Court emphasized that while a government official can share her views freely and criticize particular beliefs in the hopes of persuading others, she may not use the power of her office to punish or suppress disfavored expression. Those allegations, if true, state a First Amendment claim.”

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Constitutional Law Reporter

FEBRUARY 28, 2024

1681n and 1681oauthorize suits for damages against “any person” who violates the FCRA, and §1681a expressly defines “person” to include “any” government agency. Supreme Court’s Decision The Supreme Court unanimously affirmed. “[W]e government. government. It held that the USDA could be sued because 15 U.

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Constitutional Law Reporter

JUNE 5, 2024

The Government also later provided McIntosh with a pretrial bill of particulars that included as property subject to forfeiture $75,000 in cash and a BMW that McIntosh purchased just five days after one of the robberies. After a jury convicted McIntosh, the District Court imposed a forfeiture of $75,000 and the BMW at the sentencing hearing.

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Constitutional Law Reporter

MAY 29, 2024

In reaching its decision, the Court explained that a State law that merely restricts land use in a way “reasonably necessary to the effectuation of a substantial government purpose” is not a taking unless it saps too much of the property’s value or frustrates the owner’s investment-backed expectations.

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Constitutional Law Reporter

JUNE 22, 2023

Supreme Court held that the government can’t keep the profits of properties sold to satisfy tax debts. In answering in the affirmative, the Court cited both history and precedent, noting that the principle that a government may not take more from a taxpayer than she owes dates back to the Magna Carta. In Tyler v.

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Constitutional Law Reporter

AUGUST 6, 2024

Constitution. Like many local governments, Grants Pass has public-camping laws that restrict encampments on public property. The post Supreme Court Upholds Homeless Ordinance Imposing Criminal Penalties appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

APRIL 11, 2023

Supreme Court held that uncashed MoneyGram checks are governed by the Disposition of Abandoned Money Orders and Traveler’s Check Act (FDA) and should be returned to the state where they were issued. The post Delaware Loses Bid to Keep Uncashed MoneyGram Checks appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

APRIL 30, 2024

to stand between the accused and a potentially arbitrary or abusive Government that is in command of the criminal sanction.’” The post SCOTUS Rules Double Jeopardy Bans Retrial of Defendant Found Non-Guilty by Reason of Insanity appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

SEPTEMBER 23, 2024

The Court’s decision gives plaintiffs significantly more time to bring APA claims against the federal government. As the Supreme Court explained in its opinion, debit card transactions require merchants to pay an “interchange fee” to the bank that issued the card.

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Constitutional Law Reporter

JUNE 10, 2024

In this case, several trade associations representing payday lenders and credit-access businesses challenged regulations issued by the Bureau pertaining to high-interest consumer loans on both statutory and constitutional grounds. Supreme Court Upholds CFPB Funding Scheme appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

APRIL 10, 2024

Supreme Court ruled that public officials may be held liable for their social media activity in certain circumstances. In reaching its decision, the appeals court held that a public official engages in state action only when the official performs a legally mandated “duty of his office” or invokes the “authority of his office.”

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SCOTUSBlog

APRIL 22, 2022

In the past 20 years, the court has announced substantive constitutional law, pleading requirements, and timeliness rules that make it harder to win such arguments. It particularly disfavors Eighth Amendment litigation attacking familiar lethal injection protocols as “cruel and unusual” punishment.

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Constitutional Law Reporter

JULY 9, 2024

Supreme Court held that where parties have agreed to two contracts — one sending arbitrability disputes to arbitration, and the other either explicitly or implicitly sending arbitrability disputes to the courts — a court must decide which contract governs. operator of a cryptocurrency exchange platform, and its users.

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Constitutional Law Reporter

MAY 7, 2024

The Government argued that Pulsifer could not satisfy that requirement because he had two prior three-point offenses totaling six criminal- history points. In the Government’s view, each of those prior offenses disqualified him under Subparagraph B and the six total points disqualified him under Subparagraph A.

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Constitutional Law Reporter

AUGUST 13, 2024

In Bruen , the Court explained that when a firearm regulation is challenged under the Second Amendment, the Government must show that the restriction “is consistent with the Nation’s historical tradition of firearm regulation.” In light of Bruen , the Fifth Circuit Court of Appeals reversed.

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Constitutional Law Reporter

JULY 30, 2024

However, if the court determines that “the statute is silent or ambiguous with respect to the specific issue” at hand, the court must defer to the agency’s interpretation if it “is based on a permissible construction of the statute.”

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Constitutional Law Reporter

FEBRUARY 16, 2023

Arellano appealed, arguing that his award’s effective date should be governed by an exception in §5110(b)(1), which makes “[t]he effective date of an award of disability compensation. The post SCOTUS Issues First Opinion of the Term appeared first on Constitutional Law Reporter.

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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. Thomas noted that the federal government continues to claim the authority while simultaneously saying that it will not enforce it.

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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. It has not done so here.”.

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Constitutional Law Reporter

JUNE 17, 2024

In the District Court, Warner Chappell accepted that the discovery rule governed the timeliness of Nealy’s claims. Notably, that issue is before the Court in a pending petition for certiorari in Hearst Newspapers, LLC v. Martinelli.

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Constitutional Law Reporter

JULY 23, 2024

It therefore would be strange to interpret §666, as the Government suggests, to mean the same thing now that it meant back in 1984, before the 1986 amendment,” he wrote. “We The post Supreme Court Rules Bribery Statute Doesn’t Criminalize Gratuities for Past Acts appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

NOVEMBER 5, 2024

As the Court explained: We agree with Gonzalez that the Fifth Circuit took an overly cramped view of Nieves. That court thought Gonzalez had to provide very specific comparator evidence—that is, examples of identifiable people who “mishandled a government petition” in the same way Gonzalez did but were not arrested.

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Constitutional Law Reporter

SEPTEMBER 19, 2023

Supreme Court held that the False Claims Act’s scienter element — which asks whether a defendant “knowingly” submitted a “false” claim to the government — refers to a defendant’s knowledge and subjective beliefs — not to what an objectively reasonable person may have known or believed. The Court’s decision was unanimous.

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Constitutional Law Reporter

JULY 6, 2023

Section 1028A(a)(1) applies when a defendant, “during and in relation to any [predicate offense, such as healthcare fraud], knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person.” The Court today rightly rejects that unserious position.”

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Constitutional Law Reporter

FEBRUARY 28, 2022

In his opinion, he further argued that the Court should have agreed to consider the case, but allowed the lower court decision to remain in place until it rendered a decision. But it is quite another thing for a federal court to swoop in and redo a state’s election laws in the period close to an election.”.

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Constitutional Law Reporter

AUGUST 28, 2023

The Supreme Court went on to find that its decision in Pennsylvania Fire Insurance governed the case. This case poses a very old question indeed — one this Court resolved more than a century ago in Pennsylvania Fire.” . … Not every case,” Justice Gorsuch noted, “poses a new question.

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JonathanTurley

MAY 25, 2021

In a 2-1 panel decision, the court also found that the was overly broad. In so ruling, the appellate court reversed a January 2019 district court decision.

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JonathanTurley

NOVEMBER 22, 2022

The district court a accepted that VIP carried its burden that this was an expressive work, which seems unassailable. Accordingly, ComicMix governs the outcome here. However, the Supreme Court has now accepted the case for a reason. “A parody functions just like a mash-up. 302 at 20.) .”

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Conflict of Laws

MARCH 30, 2023

The wife in the case had been fourteen when the case started in the first instance courts; she is now 22, and her marriage certainly no longer a child marriage. And as a matter of fact, the Constitutional Court decision itself is already almost two months old; it was rendered on February 1.

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SCOTUSBlog

APRIL 14, 2021

Ask any constitutional law student to name the most iconic Supreme Court decision, and they’ll probably answer Marbury v. Those two landmark rulings stand as the most celebrated decisions the court has ever issued. This is the final round of the Big Dance, and it’s time to vote. Board of Education.

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Constitutional Law Reporter

OCTOBER 7, 2024

Muñoz’s position would usher in a new strain of constitutional law, for the Constitution does not ordinarily prevent the government from taking actions that “indirectly or incidentally” burden a citizen’s legal rights,” Justice Barrett wrote.

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Constitutional Law Reporter

AUGUST 2, 2023

The Court first addressed the threshold issue of standing, concluding that at least Missouri had the right to challenge the student loan forgiveness program. In every respect, the Court today exceeds its proper, limited role in our Nation’s governance,” Justice Kagan wrote.

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Constitutional Law Reporter

JULY 12, 2023

In their opinion, Congress specifically prohibited courts from issuing injunctions related to certain immigration laws. The Constitution affords federal courts considerable power, but it does not establish ‘government by lawsuit,’” Gorsuch wrote.

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Constitutional Law Reporter

JULY 25, 2023

Supreme Court held that the First Amendment prohibits Colorado from forcing a website designer to create expressive designs speaking messages with which the designer disagrees. Equally, the government could force a male website designer married to another man to design websites for an organization that advocates against same-sex marriage.

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