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 10, 2024

Facts of the Case The case centers on the Constitution’s Appropriation Clause, which commands that “[n]o Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law. As the Supreme Court explained in Cincinnati Soap Co. United States , 301 U.S. Justice Clarence Thomas wrote on behalf of the majority.

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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

JULY 23, 2024

Supreme Court held that 18 U.S.C. Facts of the Case As the Court explained in its opinion, Federal and state law distinguish between two kinds of payments to public officials—bribes and gratuities. In Snyder v. United States , 603 U.S. _ (2024), the U.S. As enacted in 1984, the statute at issue in the case, 18 U.S.C.

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Constitutional Law Reporter

APRIL 30, 2024

On appeal, the Supreme Court of Georgia determined that the jury’s “guilty but mentally ill” verdict for felony murder was “repugnant” to the jury’s “not guilty by reason of insanity” verdict for malice murder under Georgia law, because the verdicts “required affirmative findings of different mental states that could not exist at the same time.”

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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

MAY 10, 2023

The Court’s final week included four cases, with issues ranging from bankruptcy to RICO to government takings. Below is a brief summary of the issues before the Court: Lac du Flambeau Band of Lake Superior Chippewa Indians v. The Supreme Court is expected to issue opinions in the cases prior to the end of the Term in June.

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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

JUNE 22, 2023

Supreme Court held that the government can’t keep the profits of properties sold to satisfy tax debts. The District Court dismissed the suit for failure to state a claim, and the Eighth Circuit affirmed. Supreme Court’s Decision The Supreme Court reversed. In Tyler v.

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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. MoneyGram applied the common-law escheatment practices outlined in Texas v. In Delaware v. New Jersey , 379 U.S.

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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

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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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

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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Constitutional Law Reporter

FEBRUARY 28, 2022

The suit before the Supreme Court alleges that Alabama’s electoral maps are racially gerrymandered in violation of the United States Constitution and/or dilute the votes of Black Alabamians in violation of the Voting Rights Act of 1965.

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SCOTUSBlog

APRIL 14, 2021

Both reshaped American law and society. But only one can be chosen by SCOTUSblog readers as the greatest justice in the court’s history. Ask any constitutional law student to name the most iconic Supreme Court decision, and they’ll probably answer Marbury v. It’s time for Marshall vs. Warren.

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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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Conflict of Laws

MARCH 30, 2023

Yesterday, on March 29, 2023, the German Constitutional Court published its long-awaited (and also long) decision on the German “Act to Combat Child Marriage” ( Gesetz zur Bekämpfung von Kinderehen ). 1 EGBGB ) – regardless of whether the marriage is valid under the normally applicable foreign law.

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Constitutional Law Reporter

MAY 7, 2024

At sentencing, he sought to take advantage of the “safety valve” provision of federal sentencing law, which allows a sentencing court to disregard the statutory minimum if a defendant meets five criteria. The District Court sided with the Government, and the Eighth Circuit Court of Appeals affirmed.

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Constitutional Law Reporter

MAY 20, 2022

Supreme Court held that Section 304 of the Bipartisan Campaign Reform Act of 2002 — which limits the amount of post-election contributions that may be used to repay a candidate who lends money to his own campaign — violates the First Amendment because it “burdens core political speech without proper justification.” Supreme Court Decision.

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JonathanTurley

NOVEMBER 24, 2020

Property rights are enumerated in the Kentucky Constitution and are entitled to great respect, but they are not fundamental rights in the sense that all governmental impingements on them are subject to strict scrutiny, particularly in the area of public health.

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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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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. But that alternative need not be an execution method authorized under a state’s current law. The pertinent habeas provision ( 28 U.S.C.

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Constitutional Law Reporter

JULY 12, 2023

According to the eight-member majority, “federal courts are generally not the proper forum for resolving claims that the Executive Branch should make more arrests or bring more prosecutions.” In their opinion, Congress specifically prohibited courts from issuing injunctions related to certain immigration laws.

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Constitutional Law Reporter

AUGUST 2, 2023

Supreme Court’s Decision By a vote of 6-3, the Supreme Court agreed with the states that the HEROES Act does not authorize the loan cancellation plan. The Court first addressed the threshold issue of standing, concluding that at least Missouri had the right to challenge the student loan forgiveness program.

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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. The law defines “public accommodation” broadly to include almost every public-facing business in the State. Today, this court shrinks.” Until today.

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JonathanTurley

MAY 25, 2021

We have been discussing the state laws requiring contractors and employees to swear that they do not support the the Boycott, Divestment, Sanctions (“BDS”) movement against Israel. I have long maintained that the law is unconstitutional as a limitation of free speech and associational rights. 50-5-85(b). ” O.C.G.A.

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JonathanTurley

NOVEMBER 22, 2022

He was charged (and later acquitted) of a felony under an Ohio law prohibiting the use of a computer to “disrupt” or “interrupt” police functions. 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. 302 at 20.) .”

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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. Circuit Court of Appeals denied the States’ motion. Alejandro Mayorkas et al.,

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Constitutional Law Reporter

JUNE 9, 2022

1255 , which would have made Patel and his wife lawful permanent residents. Years later, the Government initiated removal proceedings against Patel and his wife due to their illegal entry. The majority went on to reject the opposing interpretations argued by the Government and Patel. “In The government rejected his application.

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JonathanTurley

AUGUST 9, 2024

Smith told the court that “The Government continues to assess the new precedent set forth last month in the Supreme Court’s decision in Trump v. That would certainly go against the grain of Smith, who has always pushed both the law and the calendar to the breaking point. United States.

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Constitutional Law Reporter

AUGUST 22, 2024

137 (1803), and its progeny, necessarily permits the Judiciary to oversee the federal criminal prosecution of a former President for his official acts because the fact of the prosecution means that the former President has allegedly acted in defiance of the Congress’s laws.” The President is not above the law. Madison , 5 U.S.

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JonathanTurley

MAY 9, 2021

The family court decision was reviewed by Judges Stan Pritzker, John Egan Jr., They admit that the rock was “not addressed by family court or the attorney for the child, the mother’s testimony at the hearing, as well as an exhibit admitted into evidence.” However, the mother’s home was left as the child’s residence.

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JonathanTurley

MAY 20, 2021

Supreme Court heard the first arguments in Roe v. Wade , a case that not only would transform constitutional law but political divisions in the United States. Since then, pro-life advocates have launched continuing challenges to try to dislodge the decision. Here is the column: Fifty years ago, the U.S.

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JURIST

MAY 27, 2024

JP Leskovich is a rising 3L at the University of Pittsburgh School of Law and JURIST’s News Managing Editor. This is the third in a series of dispatches he’s filed as an embedded reporter for JURIST at the Model Constitutional Convention sponsored by the Center for Constitutional Design at ASU Law. New London.

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