Constitutional Law Reporter

OCTOBER 9, 2023

In 1992, Section 2 litigation challenging the State of Alabama’s then-existing districting map resulted in the State’s first majority-black district and, subsequently, the State’s first black Representative since 1877. Alabama’s congressional map has remained remarkably similar since that litigation.

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Constitutional Law Reporter

MAY 1, 2023

In reaching its decision, the Court noted the important distinction between “the classes of cases a court may entertain (subject-matter jurisdiction)” and “nonjurisdictional claim-processing rules, which seek to promote the orderly progress of litigation by requiring that the parties take certain procedural steps at certain specified times.”

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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.

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Constitutional Law Reporter

FEBRUARY 16, 2023

Justice Amy Coney Barrett wrote on behalf of the Court. In reaching its decision, the Court explained that equitable tolling “effectively extends an otherwise discrete limitations period set by Congress” when a litigant diligently pursues his rights but extraordinary circumstances prevent him from bringing a timely action.

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Broadcast Law Blog

MARCH 16, 2017

The music battle continues over the question of whether state laws provide a public performance right in pre-1972 sound recordings. The Florida case has been referred to that state’s highest court for an advisory ruling on the state of the state’s law on the issue, and earlier this week, the same thing happened in California.

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Conflict of Laws

MAY 31, 2021

9] This approach is that a Nigerian court cannot assume jurisdiction where the cause of action arose in one State, or another foreign country. There is no provision of the Nigerian constitution that states that a court’s jurisdiction is limited to matters that occur within its territory.

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Constitutional Law Reporter

MAY 21, 2024

The Supreme Court went on to reject the City’s arguments in favor of adopting a “significance” standard. In doing so, the Court expressed doubt about the City’s prediction that employees will flood courts with litigation in the absence of a significant-injury requirement.

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Constitutional Law Reporter

JULY 12, 2023

“Federal courts have not traditionally entertained that kind of lawsuit; indeed, the States cite no precedent for a lawsuit like this. The States lack Article III standing because this Court’s precedents and the ‘historical experience’ preclude the States’ ‘attempt to litigate this dispute at this time and in this form.’”

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Constitutional Law Reporter

JUNE 17, 2022

With regard to the First Amendment retaliation claim, the majority found that extending Bivens to alleged First Amendment violations would pose an acute “risk that fear of personal monetary liability and harassing litigation will unduly inhibit officials in the discharge of their duties.” Anderson v. Creighton , 483 U.S. 635 (1987).

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JonathanTurley

NOVEMBER 24, 2020

” Thus, the advantage in the litigation still rests with Beshear. However, the outcome could turn on whether Cameron (and litigant First Liberty) can force the review under the strict scrutiny standard as impinging the free exercise of religion.

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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. It will be hugely successful politically, but not without costs to the state and potential litigants. It won’t work.

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JonathanTurley

AUGUST 4, 2021

However, he then said it was worth extending the moratorium because it would take time for a court to intervene and, in the interim, they could rush out money to renters despite the lack of constitutional authority to do so. Like many, I was mystified by the Supreme Court decision not to strike down the moratorium.

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Above The Law

MARCH 7, 2025

” She also pressed counsel to distinguish between different types of harms and resources diverted by organizations in a way that might affect their standing in litigation. As the Court weighs these decisions, their approaches could shape not only the outcomes of these cases but the broader trajectory of constitutional law.

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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.

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Constitutional Law Reporter

AUGUST 22, 2024

According to the majority, although presidential immunity is required for official actions to ensure that the president’s decision-making is not distorted by the threat of future litigation stemming from those actions, that concern does not support immunity for unofficial conduct. With fear for our democracy, I dissent.”

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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.

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ClimateChange-ClimateLaw

AUGUST 4, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Court Said Climate Scientist Provided Sufficient Evidence of Actual Malice for Blog Authors but Not for Publisher.

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JonathanTurley

APRIL 19, 2021

Waters’ most recent words could well be cited in the ongoing litigation over the January 6 th riot on Capitol Hill. She added that there would be no acceptance of court decisions to the contrary: “We’re looking for a guilty verdict. It is one of a number of lawsuits, including a lawsuit filed by Rep.

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JonathanTurley

JUNE 27, 2022

In the Dobbs litigation of 2022, 26 states asked the court to overturn Roe and its successor, Casey. Roughly 16 states are poised or expected to make abortion illegal immediately under so-called trigger laws. Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University.

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