Constitutional Law Reporter

APRIL 4, 2023

Supreme Court held that the penalty for the nonwillful failure to file a Report of Foreign Bank and Financial Accounts (FBAR) is $10,000 per report rather than per account. In reaching its decision, the Court relied heavily on the statutory text, including 31 U.S.C. Instead, the relevant legal duty is the duty to file reports.”

Court 59

Court Statute Government Calendaring 59

Constitutional Law Reporter

SEPTEMBER 8, 2023

As Justice Barrett wrote: We hold that clause (iv) uses “encourages or induces” in its specialized, criminal-law sense—that is, as incorporating common-law liability for solicitation and facilitation. The post Supreme Court Upholds Ban on Encouraging Illegal Immigration appeared first on Constitutional Law Reporter.

Immigration 52

Immigration Court Statute Construction 52

Constitutional Law Reporter

AUGUST 6, 2024

514 (1968), in which the Court rejected a similar request to extend Robinson. Finally, Justice Gorsuch discussed the problems resulting from the so-called “ Martin experiment,” including legal uncertainty and litigation. Texas , 392 U.S.

Court 52

Court Government Constitutional Law Litigating 52

Constitutional Law Reporter

JULY 9, 2024

As Justice Ketanji Brown Jackson explained: This case thus presents the following question: When two such contracts exist, who decides the arbitrability of a contract-related dispute between the parties—an arbitrator or the court? Basic legal principles establish the answer.

Contract 52

Contract Court Constitutional Law Government 52

Constitutional Law Reporter

MAY 29, 2024

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. The post SCOTUS Sides With California Developer in Takings Case appeared first on Constitutional Law Reporter.

Government 52

Government Court Constitutional Law Court Decisions 52

Constitutional Law Reporter

MARCH 14, 2023

Buckley then filed an adversary complaint in the bankruptcy proceeding, alleging that the debt owed him on the state-court judgment was non-dischargeable under the Bankruptcy Code’s exception to discharge of “any debt…for money…to the extent obtained by…false pretenses, a false representation, or actual fraud.”

Court 52

Court Constitutional Law Statute Court Decisions 52

Constitutional Law Reporter

JUNE 25, 2024

The Supreme Court also reaffirmed its holding in Bantam Books, Inc. 58 (1963) that the First Amendment prohibits government officials from relying on the “threat of invoking legal sanctions and other means of coercion. The post SCOTUS Sides With NRA in First Amendment Dispute appeared first on Constitutional Law Reporter.

Government 52

Government Court Constitutional Law Contract 52

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. There is also massive public support for legalization that has been building for years. Raich , 545 U.S.

Government 53

Government Court Legal Legal 53

Constitutional Law Reporter

APRIL 10, 2024

The Sixth Circuit Court ruled that Freed was not liable because he maintained his Facebook page in his personal capacity. 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.”

Court 52

Court Cause of Action Government Court Rules 52

Constitutional Law Reporter

APRIL 29, 2025

Delligatti argued that a VICAR offense predicated on New York second-degree murder is not a crime of violence under 924(c)s elements clause because homicide under New York law can be committed by omission, defined as the failure to perform a legal duty. Supreme Courts Decision The Supreme Court affirmed by a vote of 7-2.

Statute 52

Statute Court Decisions Misdemeanor Court 52

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.

Constitutional Law 52

Constitutional Law Laws Court Divorce 52

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. Mirow and Howard Wasserman.

Court 110

Court Constitutional Law Lawyers Lawyer 110

JURIST

MAY 27, 2024

But the Convention came together to declare that equal rights, including rights for women and LGBTQ+ people, should be a fundamental value of American constitutional law. It was in response to the Supreme Court decision Kelo v. The fourth and final amendment to pass was an amendment limiting eminent domain. New London.

Government 197

Government Laws Court Construction 197

Constitutional Law Reporter

JUNE 3, 2022

Despite sharing these similarities with prior Supreme Court justices, Jackson’s path to the Court is unique, and her background is expected to add racial, gender, and legal diversity to the Court. She will begin hearing cases when the Court’s new term begins in October.

Law School 52

Law School Court Criminal Law Constitutional Law 52

SCOTUSBlog

APRIL 14, 2021

Both reshaped American law and society. Both are legal titans who defeated a string of worthy contenders to reach the championship. But only one can be chosen by SCOTUSblog readers as the greatest justice in the court’s history. Those two landmark rulings stand as the most celebrated decisions the court has ever issued.

Court 101

Court Education Constitutional Law Court Decisions 101

Constitutional Law Reporter

OCTOBER 7, 2024

Moreover, Muñoz’s claim to a procedural due process right in someone else’s legal proceeding would have unsettling collateral consequences. The post Supreme Court Rules Spousal Immigration Is Not a Right appeared first on Constitutional Law Reporter.

Immigration 52

Immigration Court Rules Court Constitutional Law 52

SCOTUSBlog

APRIL 13, 2022

In Harlan’s case, the story arc that first attracted me was the notion of posthumous vindication – how a man who went so far out on a limb in his time could land so comfortably in the mainstream of legal thought. Much of Holmes’ reputation rests on his role in First Amendment law, for instance, an area where Harlan’s legacy is negligible.

Court 110

Court Education Government Legal 110

Constitutional Law Reporter

OCTOBER 14, 2024

1988 ; and (2) whether a party must obtain an enduring change in the parties’ legal relationship from a judicial act, as opposed to a non-judicial event that moots the case, to prevail under Section 1988.” The post SCOTUS Kicks Off New Term With … appeared first on Constitutional Law Reporter.

Court 52

Court Constitutional Law Laws Court Decisions 52

Conflict of Laws

DECEMBER 21, 2023

Maarten Herbosch, Contracting with Artificial Intelligence – A Comparative Analysis of the Intent to Contract, 672–706, DOI: [link] Computer systems based on artificial intelligence (AI) are an increasing presence in everyday legal practice. 1 and other provisions under the German Basic Law. , 728–747, DOI: [link] [Open Access: CC BY-SA 4.0]

Contract 59

Contract Constitutional Law Laws Legal 59

Constitutional Law Reporter

AUGUST 2, 2023

With regard to the legality of the loan forgiveness plan, the Court found that it was not authorized under the HEROES Act. The result here is that the Court substitutes itself for Congress and the Executive Branch in making national policy about student-loan forgiveness.”

Court 52

Court Education Drafting Legal 52

JonathanTurley

OCTOBER 5, 2021

Appleseed Center for Law and Justice: “Smith was heartened, however, that the ruling the Supreme Court affirmed mentioned that Congress could legally grant voting rights to D.C., ” However, again, the Court makes repeated reference to the bar on non-state residents in voting. It is a recurring problem.

Court 41

Court Court Reporting Education Court Reporter 41

JonathanTurley

JANUARY 9, 2024

Now the chatter has again started in the same quarters that a Democrat retaking the White House would allow the packing of the Court with an immediate liberal majority to force through sweeping court mandates. In the name of fighting ideological bias, they demand packing the Court with reliable ideological allies from the left.

Court 64

Court Law School Laws Court Decisions 64

JonathanTurley

AUGUST 4, 2021

It was later preserved by a divided Supreme Court despite the view of a majority that it was unconstitutional. President Biden acknowledged that his legal experts overwhelmingly told him that any extension would violate the Constitution. Like many, I was mystified by the Supreme Court decision not to strike down the moratorium.

Litigating 59

Litigating Litigation Law School Court 59

JonathanTurley

MARCH 24, 2022

It was all part of an absurd claim (fostered by liberal legal experts) that Barrett was appointed to kill the ACA. Her trial court decisions shed little light on that question, and she previously refused to discuss her philosophy.

Court 53

Court Education Court Decisions Constitutional Law 53

JonathanTurley

DECEMBER 12, 2021

Gavin Newsom thrilled many this weekend by saying that his administration will model a new law on Texas’ abortion ban that would let private citizens sue anyone who makes or sells assault weapons or ghost guns. Legally, that is. Newsom denounced the Supreme Court in Women’s Health v. It won’t work.

Laws 55

Laws Lawyer Lawyers Litigating 55

Constitutional Law Reporter

JUNE 9, 2022

The Supreme Court affirmed the eleventh Circuit’s decision by a vote of 5-4, holding that Federal courts lack jurisdiction to review facts found as part of discretionary-relief proceedings under §1255. Federal courts have a very limited role to play in this process,” Justice Amy Coney Barrett wrote on behalf of the majority.

Immigration 52

Immigration Court Statute Government 52

JonathanTurley

JULY 12, 2022

With an actively rogue Supreme Court, U.S. lawyers, legal scholars, and law schools have to reckon with how to practice, teach, and understand law without falling into complicity with lawlessness. But in more ordinary times, ordinary legal practice and legal education can grapple with these issues.

Lawyers 50

Lawyers Lawyer Laws Law School 50

SCOTUSBlog

NOVEMBER 30, 2021

Three physicians and the Catholic Association Foundation write that advances in science have “painted an intimate portrait of the fetus and its humanity” and therefore the court’s viability framework is outdated. The Christian Legal Society and Robertson Center for Constitutional Law , Concerned Women for America , and Judicial Watch, Inc.

Stare Decisis 91

Stare Decisis Court Laws Statute 91

Above The Law

MARCH 7, 2025

There is plenty of commentary making the rounds regarding yesterdays 5-4 Supreme Court decision confirming that of course a judge can issue a Temporary Restraining Order to maintain the status quo and require USAID pay out the money that it owes to contractors for work already done. This isnt just about Alito being inconsistent.

Court 126

Court Contract Government Constitutional Law 126

Above The Law

MARCH 7, 2025

(Photo by Chip Somodevilla/Getty Images) Supreme Court oral arguments are more than just legal debatestheyre a high-stakes battleground where justices reveal their philosophies, test the strength of arguments, and sometimes, subtly try to persuade their colleagues. She also considers strategic behavior in shaping legal outcomes.

Constitutional Law 100

Constitutional Law Laws Statute Legal 100

Above The Law

MARCH 21, 2025

In a series of recent decisions, federal courts across the United States have addressed a range of significant legal issues, from civil rights and constitutional law to administrative authority and criminal justice. Area of Law: Constitutional Law, Civil Rights, Federal Authority: 25 points.

Court 68

Court Contract Government Education 68

JonathanTurley

DECEMBER 27, 2020

The threat to the free press is obvious and was the basis for foundational court decisions. The standard for defamation for public figures and officials in the United States is the product of a decision over 50 years ago in New York Times v. Like “disinformation,” it is heavily laden with subjectivity.

Laws 55

Laws Tort Law School Constitutional Law 55

Above The Law

JANUARY 24, 2025

However, Arroyos ADA claim had already been decided in his favor, and the only remaining issue was his state law claim for damages under the Unruh Act. Decision The Ninth Circuit reversed the district courts decision to dismiss the Unruh Act claim, ruling that the federal court should have kept jurisdiction over it.

Contract 52

Contract Court Prima Facie Case Laws 52

JonathanTurley

APRIL 19, 2021

After the riot, various legal experts appeared on news channels to proclaim that this was a strong if not conclusive case for criminal incitement. CNN legal analyst Elie Honig declared “As a prosecutor I’d gladly show a jury Trump’s own inflammatory statements and argue they cross the line to criminality.”

Criminal Law 61

Criminal Law Laws Law School Legal 61

JonathanTurley

JUNE 27, 2022

The court has now declared that the future of abortion will rest with 330 million Americans rather than nine justices. As this matter returns to the states, it is striking to consider what has changed legally and socially in the past 50 years. How much has changed. Indeed, there is a tendency toward Roe revisionism.

Legal 57

Legal Legal Court Laws 57

JonathanTurley

JUNE 30, 2024

Below is my column on the Supreme Court decision on Friday in Fischer v. to reject hundreds of charges in January 6th cases for the obstruction of legal proceedings. The claim is legally absurd but politically advantageous. For many cases, that will leave relatively minor offenses like trespass or unlawful entry.

Court 83

Court Government Court Decisions Legal 83

JonathanTurley

DECEMBER 22, 2023

Below is my column in The Messenger of the Colorado Supreme Court decision disqualifying former President Donald Trump from the 2024 election. Eleni Kounalakis publicly called upon the Secretary of State to “explore every legal option” to follow the same path as Colorado. In California, Lieutenant Gov.

Court 82

Court Constitutional Law Legal Legal 82