Constitutional Law Reporter

MAY 1, 2023

Supreme Court held that the Quiet Title Act’s statute of limitations is a claim-processing rule rather than a bright-line rule that constrains a court’s jurisdiction. Justice Sonia Sotomayor wrote on behalf of the Court. In Wilkins v. United States , 598 U.S. _ (2023), the U.S.

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Constitutional Law Reporter

APRIL 18, 2023

In reaching its decision, the Court noted that the parties offered very different interpretations of §1415( l ). After concluding that §1415( l ) did not preclude Perez’s ADA lawsuit, it remanded the matter back to the lower court. Perez, but for a great many children with disabilities and their parents.”

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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. Mirow and Howard Wasserman. The numbers on either side of the chair are also significant.

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Constitutional Law Reporter

FEBRUARY 16, 2023

89 (1990), while the Court presumes that federal statutes of limitations are subject to equitable tolling, this presumption may be rebutted if equitable tolling is inconsistent with the statutory scheme. The post SCOTUS Issues First Opinion of the Term appeared first on Constitutional Law Reporter.

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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

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

APRIL 11, 2023

“Therefore, if the common law were to apply to the Disputed Instruments, then the abandoned proceeds would escheat inequitably solely to the State of incorporation, just like the money orders expressly referenced in the statute.”

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Constitutional Law Reporter

JULY 19, 2023

18–3–602(1)(c), a Colorado statute making it unlawful to “[r]epeatedly. The post Supreme Court Clarifies First Amendment Test for True Threats appeared first on Constitutional Law Reporter. Counterman’s messages put C.W. in fear and upended her daily existence: C.W. eventually contacted the authorities.

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Constitutional Law Reporter

APRIL 10, 2024

In reaching its decision, the Court emphasized that Section 1983 provides a cause of action against “[e]very person who, under color of any statute, ordinance, regulation, custom, or us- age, of any State ” deprives someone of a federal constitutional or statutory right.

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Constitutional Law Reporter

MARCH 14, 2023

. “By doing so, Congress cut from the statute the strongest textual hook counseling against the outcome in Strang,” she wrote. ” The post Supreme Court Holds Debts Incurred by Fraud Are Ineligible for Bankruptcy Relief appeared first on Constitutional Law Reporter.

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Conflict of Laws

DECEMBER 21, 2023

SYMPOSIUM: Fundamental Rights and Private International Law Ralf Michaels: Einleitung zum Symposium: Grundrechte und IPR im Lichte der Entscheidung des Bundesverfassungsgerichts zum Kinderehenbekämpfungsgesetz, 707–713, DOI: [link] [Open Access: CC BY-SA 4.0]

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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 post Supreme Court Upholds Corporate Personal Jurisdiction Laws appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

JULY 6, 2023

Supreme Court narrowed the scope of a federal aggravated identity theft statute. Because the crux of Durbin’s overbilling was inflating the value of services actually provided, and the patient’s means of identification was an ancillary part of the Medicaid billing process, the statute was not violated. In Durbin v.

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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. This approach is that more than one court can have jurisdiction in matters of conflict of laws where the cause of action is connected to such States. 2] (2021) 7 NWLR (Pt. 1776) 535. [3]

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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

MAY 21, 2024

There is nothing in the provision to distinguish, as the courts below did, between transfers causing significant disadvantages and transfers causing not-so-significant ones. To demand “significance” is to add words—and significant words, as it were—to the statute Congress enacted.

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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. The Constitution affords federal courts considerable power, but it does not establish ‘government by lawsuit,’” Gorsuch wrote.

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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. “The

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Constitutional Law Reporter

JULY 25, 2023

In Barnette , the Court held that the State of West Virginia’s efforts to compel schoolchildren to salute the Nation’s flag and recite the Pledge of Allegiance “invad[ed] the sphere of intellect and spirit which it is the purpose of the First Amendment. Today, this court shrinks.” to reserve from all official control.” Until today.

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JonathanTurley

FEBRUARY 7, 2023

The court’s other citation is to a decision of the United States Court of Appeals for the Tenth Circuit in J ane L. In that case, the court reversed a lower court decision imposing sanctions for making this argument as a frivolous claim. Bangerter , 61 F.3d 3d 1505, 1514-15 (10th Cir.

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Constitutional Law Reporter

JUNE 9, 2022

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. Conversely, Patel’s interpretation would read the word “regarding” out of the statute entirely, according to the majority.

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Immigration Court Statute Government 52

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

Courts have uniformly upheld the right of employers to impose mandatory vaccination or testing requirements as a condition for employment; states have enhanced authority over such public health measures, too. Ironically, the Supreme Court warned against such sudden agency “finds” of regulatory authority.

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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

With the rise of the Trump-Republican Party, this traction – the ability to argue within a shared expectation of commitment to rule of law and justice – has completely evaporated. 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.”

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