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. Among those is the criminal history requirement, set out in Paragraph (f)(1). The paragraph creates an eligibility checklist.

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Constitutional Law Reporter

JUNE 5, 2023

Supreme Court rejected a constitutional challenge to a California animal welfare law that requires pork sold in the state to come from humanely raised pigs. According to the Court, the law did not violate the dormant commerce clause in regulating the pork industry outside California.

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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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Constitutional Law Reporter

AUGUST 28, 2023

Supreme Court upheld the constitutionality of state laws requiring corporations operating within their borders to consent to personal jurisdiction when they register to do business in those states. According to the Court, such laws do not offend the Constitution’s Due Process Clause. Norfolk Southern Railway Co. ,

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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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Constitutional Law Reporter

DECEMBER 11, 2024

Lower Courts Decision The district court dismissed the case under the Protection of Lawful Commerce in Arms Act (PLCAA), which generally bars suits against firearms companies based on criminals misusing their products. A decision is expected before the end of the term in June/July 2025. In appealing to the U.S.

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Conflict of Laws

MAY 31, 2021

Jurisdiction is a fundamental aspect of Nigerian procedural law. In Nigerian judicial parlance, we have become accustomed to the principle that the issue of jurisdiction can be raised at any time, even at the Nigerian Supreme Court – the highest court of the land – for the first time. [1] 6] This is wrong.

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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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Conflict of Laws

DECEMBER 21, 2023

It contains the following contributions: ESSAYS Mareike Schmidt, Kulturalität der Rechtsanwendung und internationale Rechtsvereinheitlichung – Überlegungen am Beispiel des UN-Kaufrechts, 643–671, DOI: [link] Cultural Dimensions in the Application of Law and International Unification of Law – The Example of the CISG. –

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Constitutional Law Reporter

MARCH 30, 2023

In Simmons , the Supreme Court held that where a defendant’s future dangerousness is at issue, and state law prohibits his release on parole, due process requires that the sentencing jury be informed that the defendant is parole ineligible. The Arizona Supreme Court had previously interpreted Rule 32.1(g)

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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

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

APRIL 11, 2023

MoneyGram applied the common-law escheatment practices outlined in Texas v. Multiple States, including Pennsylvania and Wisconsin, argue that the common law does not apply because the abandoned proceeds of the Disputed Instruments are governed by the Disposition of Abandoned Money Orders and Traveler’s Checks Act. New Jersey , 379 U.S.

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Constitutional Law Reporter

APRIL 18, 2023

The first clause focuses on “remedies” and sets forth this general rule: “Nothing [in IDEA] shall be construed to restrict” the ability to seek “remedies” under “other Federal laws protecting the rights of children with disabilities.” The Court ultimately concluded that Perez’s interpretation better comported with the statute’s terms. “The

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Constitutional Law Reporter

JULY 30, 2024

By a vote of 6-3, the Court held that Administrative Procedure Act requires courts to exercise their independent judgment in deciding whether a federal agency has acted within its statutory authority, and courts may not defer to an agency interpretation of the law simply because a statute is ambiguous.

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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

OCTOBER 14, 2024

The term refers guns that are assembled in parts and, therefore, difficult to trace by law enforcement due to their lack serial numbers and transfer records. The post SCOTUS Kicks Off New Term With … appeared first on Constitutional Law Reporter. The most closely watched case is Garland v. Williams v. Maryland and Napue v.

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Constitutional Law Reporter

AUGUST 6, 2024

Supreme Court upheld a city ordinance that imposes criminal penalties on homeless sleeping outside. According to the Court, the enforcement of generally applicable laws regulating camping on public property does not constitute “cruel and unusual punishment” prohibited by the Eighth Amendment to the U.S. Constitution.

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Constitutional Law Reporter

SEPTEMBER 8, 2023

Supreme Court upheld a federal law that criminalizes “encouraging or inducing” an immigrant to come or remain in the United States unlawfully. According to the Court, the law does not run afoul of the First Amendment. In United States v. Hansen , 599 U.S. _ (2023), the U.S.

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Constitutional Law Reporter

MAY 14, 2024

Pursuant to the FAA, arbitration agreements are “valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.” After petitioners sued Flowers and two of its subsidiaries for violating state and federal wage laws, Flowers moved to compel arbitration.

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Constitutional Law Reporter

MAY 30, 2023

In such actions where the Commission elects to institute administrative proceedings to address statutory violations, it typically delegates the initial adjudication to an Administrative Law Judge (ALJ) with authority to resolve motions, hold a hearing, and then issue a decision. Saul , 593 U.S.

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Constitutional Law Reporter

JUNE 22, 2023

The District Court dismissed the suit for failure to state a claim, and the Eighth Circuit affirmed. It held that “[w]here state law recognizes no property interest in surplus proceeds from a tax-foreclosure sale conducted after adequate notice to the owner, there is no unconstitutional taking.”

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Constitutional Law Reporter

MAY 10, 2023

As separate sovereigns pre-existing the Constitution, Indian tribes have the same common-law immunity from suit traditionally enjoyed by sovereign governments—unless and until Congress unequivocally expresses its intent to abrogate that immunity. Please check back for updates.

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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

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

OCTOBER 28, 2024

Supreme Court held that when an expert conveys an absent lab analyst’s statements in support of the expert’s opinion, and the statements provide that support only if true, then the statements come into evidence for their truth, and implicate the Sixth Amendment’s Confrontation Clause. The Court’s decision was unanimous.

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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

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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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

JULY 19, 2023

Following Colorado law, the trial court rejected that argument under an objective standard, finding that a reasonable person would consider the messages threatening. It offers ‘enough ‘breathing space’ for protected speech,’ without sacrificing too many of the benefits of enforcing laws against true threats,” Justice Kagan wrote. “As

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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

SEPTEMBER 19, 2023

In support of its decision, the Court cited the FCA’s statutory text and common-law principles, emphasizing that the FCA’s text and common-law roots demonstrate that the FCA’s scienter element refers to a defendant’s knowledge and subjective beliefs.

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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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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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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

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

JULY 9, 2024

District Court for the Northern District of California, alleging that the sweepstakes violated various California laws. The District Court determined that the Official Rules’ forum selection clause controlled the parties’ dispute and accordingly denied the motion.

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