Constitutional Law Reporter

AUGUST 13, 2024

According to the Court, when an individual has been found by a court to pose a credible threat to the physical safety of another, that individual may be temporarily disarmed consistent with the Second Amendment. In light of Bruen , the Fifth Circuit Court of Appeals reversed.

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Constitutional Law Reporter

MAY 10, 2023

Supreme Court has concluded its oral arguments for the 2022-2023 Term. 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.

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SCOTUSBlog

SEPTEMBER 14, 2021

Share Tired of reading jargon-filled law review articles with hundreds of footnotes? The perfect antidote is Painting Constitutional Law: Xavier Cortada’s Images of Constitutional Rights , edited by Professors M.C. In a watershed decision in Gideon v. Mirow and Howard Wasserman.

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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. Department of Veterans Affairs , 498 U.S.

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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

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

AUGUST 28, 2023

The Pennsylvania Supreme Court sided with Norfolk Southern, holding that the Pennsylvania law violated Due Process. Supreme Court’s Decision The Supreme Court reversed. The Supreme Court went on to find that its decision in Pennsylvania Fire Insurance governed the case.

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Constitutional Law Reporter

JULY 6, 2023

Supreme Court narrowed the scope of a federal aggravated identity theft statute. 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.” In Durbin v.

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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. 1983 , the iconic civil rights statute permitting plaintiffs (including prisoners) to sue state officers for infringing constitutional rights.

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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 12, 2023

The States of Texas and Louisiana claim that the Guidelines contravene two federal statutes that they contend require the arrest of certain noncitizens upon their release from prison ( 8 U.S.C. In their opinion, Congress specifically prohibited courts from issuing injunctions related to certain immigration laws. 1231(a)(2) ).

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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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Constitutional Law Reporter

JUNE 9, 2022

Years later, the Government initiated removal proceedings against Patel and his wife due to their illegal entry. Patel argued before an Immigration Judge that he had mistakenly checked the “citizen” box on the state application and thus lacked the subjective intent necessary to violate the federal statute. Our case is such a case.

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JonathanTurley

MAY 25, 2021

50-5-85’s inclusion of “other actions that are intended to limit commercial relations with Israel” makes the statute impermissibly vague. 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 12, 2021

That is when Klain again confidently rushed in where wiser government lawyers fear to tread. He announced that the White House had found a way to evade the constitutional limitations: “OSHA doing this vaxx mandate as an emergency workplace safety rule is the ultimate work-around for the Federal govt to require vaccinations.”.

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ClimateChange-ClimateLaw

AUGUST 4, 2021

The intermediate appellate court held that the defendant was not entitled to present the defense because he had “reasonable legal alternatives” to trespass and obstruction even if those alternatives were not effective. The court further found that EPCA’s legislative history did not support the plaintiff’s “expansive interpretation.”

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JonathanTurley

JULY 12, 2022

This extends to student editors and student government leaders using their positions to retaliate against the exercise of free speech by other students with the support of faculty. Last term’s Supreme Court decisions are just the most recent high-profile evidence for this. Heidi Li Feldman. HeidiLiFeldman. ·. Heidi Li Feldman.

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SCOTUSBlog

NOVEMBER 30, 2021

Three Republican senators – Josh Hawley of Missouri, Mike Lee of Utah, and Ted Cruz of Texas – write that a precedent can be unworkable due to “a history of confusion in the lower courts, an unstable pattern of Supreme Court decisions, and a persistent lack of judicially manageable standards.” A brief from the Susan B.

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