Constitutional Law Reporter

JUNE 22, 2021

As Justice Breyer explained, the first requirement produces an incentive to lie, while the second requirement introduces a new standard into search and seizure law and creates a problem of interpretation that will arise frequently given the prevalence of non-Indians in Indian reservations.

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Constitutional Law Reporter

AUGUST 2, 2021

The post Divided Court Rules CA Donor Disclosure Rules Violate First Amendment appeared first on Constitutional Law Reporter. She added: “Regulated entities who wish to avoid their obligations can do so by vaguely waving toward First Amendment ‘privacy concerns.’”.

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Constitutional Law Reporter

FEBRUARY 23, 2021

The justices remanded the case back to the lower court to consider the latter argument. The post US Supreme Court Rules Germany Entitled to State Immunity in the Nazi Art Case appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

MARCH 9, 2021

S. _ (2021), the Supreme Court ruled that the Federal Tort Claims Act barred college student James King’s claims of police brutality. The Court unanimously held that the district court’s dismissal of King’s claims under the FTCA triggered the “judgment bar” in 28 U.S.C. In Brownback v.

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JURIST

FEBRUARY 19, 2024

The ability of the court to review parliamentary decisions is a key feature of UK constitutional law and ensures one body does not hold too much power, thereby protecting the rule of law. This comes after the UK Supreme Court ruled in November 2023 that the Rwanda policy was unlawful.

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Constitutional Law Reporter

JUNE 16, 2021

“This interpretation quite sensibly gives federal courts at each level primary discretion over costs relating to their own proceedings.”. The post SCOTUS Rules District Courts Can’t Second Guess Appellate Courts’ Ruling on Costs appeared first on Constitutional Law Reporter.

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Court Rules Court Constitutional Law Laws 52

JonathanTurley

SEPTEMBER 30, 2021

Heller , the Supreme Court in 2008 ruled the right to bear arms is an individual right. City of Chicago , the court ruled that this right applied against the states. Since then, courts have rejected efforts to limit aspects of gun ownership from barring concealed weapons to restricting ammunition.

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Constitutional Law Reporter

FEBRUARY 22, 2021

The post Divided Court Rules U.S. Railroad Retirement Board Decision Subject to Judicial Review appeared first on Constitutional Law Reporter. “Because the Board’s decision below did not determine any right or liability, the RRA does not provide for judicial review.”.

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JURIST

NOVEMBER 19, 2024

The US Supreme Court has declined to hear an appeal from the South Carolina Department of Parks, Recreation, and Tourism (SCDPR) challenging a lower court ruling that found the state had waived sovereign immunity by participating in a federal antitrust lawsuit against Google.

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JURIST

APRIL 19, 2022

After the Amendment took effect on January 1, 2018, Circuit City, a US chain of electronics retail stores, refused to pay the increased fees and brought suit in the Bankruptcy Court for the Eastern District of Virginia, claiming that the 2017 Amendment, which creates nonuniform bankruptcy laws, was unconstitutional.

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JonathanTurley

JUNE 12, 2022

The Court ruled that these allegations did not amount to race-based discrimination under Title VII and the law “does not protect free speech in a private workplace.”It It is a problem faced by other companies with other political expressions.

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The Crime Report

JULY 6, 2022

Applying the regulatory approach used in the “free-world” has significant advantages over constitutional law in mitigating abusive conditions in prisons and jails, according to a paper published in the Yale Law Journal. Constitutional law does not fill the gap,” Littman writes. “[It

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JURIST

FEBRUARY 14, 2023

Yesterday the Knesset’s constitution, law, and justice committee scheduled votes on two bills. One will change the committee’s structure for the appointment of Supreme Court justices, giving politicians control over the committee.

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JonathanTurley

MARCH 9, 2021

If Georgia Gwinnett College wanted to foster greater unity in its use of “free speech zones,” it succeeded in prompting a near unanimous Supreme Court in ruling against it in favor of free speech this week.

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JonathanTurley

MARCH 24, 2022

We previously discussed concerns over free speech on the campus of the University of North Texas, including the canceling of an event on child gender transitioning. Students and faculty were not content to protest such events but acted to prevent others from hearing opposing views.

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Constitutional Law Reporter

NOVEMBER 28, 2022

The primary issue in both cases is whether the Court should reverse its decision in Grutter v. Decisions in all of the cases are expected before the Court’s term ends in June. The post Affirmative Action Kicked Off Busy Week for SCOTUS appeared first on Constitutional Law Reporter. Bollinger , 539 U.S. 306 (2003).

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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.

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JonathanTurley

OCTOBER 24, 2021

Many observers are waiting for the United States Supreme Court to decide whether to delve again into college admissions with a pending case out of Harvard University in which Asian and white students claim discrimination. We have been following that case for a couple years.

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JURIST

NOVEMBER 3, 2022

The crossed-out language is what will be removed from the constitution if Proposal 2 is adopted. According to the author of Proposal 2, Vermont constitutional law professor Peter Teachout, the amendment makes no change to substantive rights. Evidence lies in both the constitutional language and judicial precedent.

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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. The District Court found that because Freed managed his Facebook page in his private capacity, and because only state action can give rise to liability under §1983, Lindke’s claim failed. In Lindke v.

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Constitutional Law Reporter

JUNE 25, 2024

Supreme Court ruled that the National Rifle Association (NRA) may continue its First Amendment lawsuit against the former head of New York’s Department of Financial Services. The Supreme Court remanded the case back to the Second Circuit to evaluate the NRA’s claims in accordance with its opinion.

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Constitutional Law Reporter

SEPTEMBER 19, 2023

In analyzing the two essential elements of an FCA violation — the falsity of the claim and the defendant’s knowledge of the claim’s falsity — the District Court ruled against SuperValu on the falsity element. The Supreme Court remanded the case back to the Seventh Circuit Court of Appeals for further proceedings.

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JURIST

APRIL 2, 2022

In a 5-4 decision, the court dismissed the suit and upheld the current policy that only medical professionals can give tattoos. Upholding this decision, the court characterized tattooing as an invasive procedure that raises important safety concerns.

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Constitutional Law Reporter

OCTOBER 7, 2024

Muñoz’s position would usher in a new strain of constitutional law, for the Constitution does not ordinarily prevent the government from taking actions that “indirectly or incidentally” burden a citizen’s legal rights,” Justice Barrett wrote. “She

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JonathanTurley

JANUARY 17, 2024

In 1984, the Supreme Court ruled in Chevron U.S.A. Natural Resources Defense Council that judges should defer to the reasonable interpretation of agencies in administering ambiguous federal laws. However, the court ruled that “the Service’s interpretation of the Act as allowing it to do so is reasonable.”

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SCOTUSBlog

JUNE 27, 2023

By a vote of 7-2, the justices ruled that the state courts had applied the wrong test to determine whether Counterman’s statements were “true threats,” which are not protected by the First Amendment. This article was originally published at Howe on the Court.

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JonathanTurley

JULY 23, 2024

Moreover, the court ruled that it would not matter: “Minnesota states that from the founding, states have had the power to regulate guns in the hands of irresponsible or dangerous groups, such as 18 to 20year-olds.

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SCOTUSBlog

APRIL 29, 2022

In overturning the death sentence, the Supreme Court ruled that the Sixth Amendment guarantees a defendant the right to choose the objective of his defense and to insist that his counsel refrain from admitting guilt. After McCoy , Tyler unsuccessfully sought relief in Louisiana state courts. In Tyler v.

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JonathanTurley

SEPTEMBER 9, 2022

Makin , the court held that a state cannot discriminate against religious schools in funding tuition in in rural areas with no public high school. Bremerton School District , the court ruled in favor of a Christian public-school football coach who prayed with his players after a football game. . In Kennedy v.

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Constitutional Law Reporter

APRIL 26, 2021

Supreme Court ruled in Tandon v. Accordingly, the Court granted an injunction pending disposition of the appeal in the Ninth Circuit Court of Appeals. The post Divided Court Strikes Down COVID-19 Restrictions on In-Home Religious Gatherings appeared first on Constitutional Law Reporter.

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Constitutional Law Reporter

JULY 12, 2023

Supreme Court ruled that Texas and Louisiana lacked standing to challenge a Biden Administration immigration enforcement policy. The post Supreme Court Rules States Can’t Challenge Federal Immigration Policy appeared first on Constitutional Law Reporter. In United States v.

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JonathanTurley

MARCH 6, 2023

The court ruled that “mere epithets” directed at a law enforcement officer are not exempt from First Amendment protections as fighting words. The Supreme Court has routinely ruled that the First Amendment protects profanity. In 1971, the Court ruled in Cohen v. California , 403 U.S.

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Constitutional Law Reporter

SEPTEMBER 15, 2021

The District Court ruled that all class members had Article III standing on each of the three statutory claims. The post Supreme Court Limits Standing for Class-Action Suits Under FCRA appeared first on Constitutional Law Reporter.

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JonathanTurley

JUNE 23, 2022

In 2008, the Supreme Court recognized the right to bear arms as an individual right in District of Columbia v. City of Chicago , the court ruled that this right applied against the states. Penal Law § 400.00(2)(f) Two years after Heller, in McDonald v. This case concerned concealed-carry restrictions under N.Y.

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JonathanTurley

JULY 1, 2021

In the final decision of the Supreme Court before its summer break, Chief Justice John Roberts delivered a major ruling striking down the California law requiring the disclosure of donors for charities.

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ClimateChange-ClimateLaw

APRIL 8, 2022

On February 8, 2022, the Chamber of Deputies of the Italian Republic gave its final approval to the proposed constitutional law A.C.3156-B 3156-B providing environmental protection amendments to Articles 9 and 41 of the Italian Constitution. By Riccardo Luporini, Matteo Fermeglia, and Maria Antonia Tigre. In Neubauer, et al.

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Litigation Litigating Government Legal 97

JonathanTurley

MAY 26, 2022

There is a controversial decision out of a French administrative court this week to suspend a policy allowing for Muslim women to wear “burkinis” in municipal pools in the city of Grenoble. The court ruled that such policies “undermin[ed] secularism.”

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