JonathanTurley

MAY 12, 2021

” However, the appellate panel corrected noted that such laws are narrowly construed in light of controlling precedent. This includes Virginia state court rulings that the statute must be confined to speech that has “a direct tendency to cause acts of violence by the person to whom, individually, [the language is] addressed.”

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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). Recently, the U.S.

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JonathanTurley

DECEMBER 24, 2023

The Supreme Court has repeatedly held that racial discrimination does not become good policy despite being carried out with the best of motivations. the high court ruled that “legislative assurances of good intention cannot suffice.” Shapiro Professor of Public Interest Law at the George Washington University Law School.

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JonathanTurley

OCTOBER 18, 2021

City of Chicago , the court ruled that this right applied against the states. Penal Law § 400.00(2)(f) Lower courts have upheld the New York law, but there are ample constitutional concerns over its vague standard, such as showing that you are “of good moral character.”

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JonathanTurley

FEBRUARY 7, 2023

The theory runs against the text, history, and case law of the Thirteenth Amendment. The court came to this question by a rather circuitous route. Lauren Handy and nine other anti-abortion activists were charged last year with conspiring to obstruct access to a Washington abortion clinic on Oct. 480, 484 (1990).

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JonathanTurley

JULY 11, 2023

While the Administration insists that it complied with a law that required Health and Human Services Secretary Xavier Becerra to make the reappointments personally, it later issued a retroactive reappointment for most of the directors after months of congressional inquiry. That, too, is not allowed under federal law.

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JonathanTurley

JULY 27, 2021

There is a new ruling out of the United States Court of Appeals for the Tenth Circuit that could be headed for a major showdown in the Supreme Court. Elenis could force a hitherto evasive Court to rule directly on the conflict between anti-discrimination laws and the religious clauses. It was like Brown v.

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JonathanTurley

FEBRUARY 26, 2022

Below is my column in the Hill on the acceptance of a major new case by the Supreme Court on the issue of free speech and anti-discrimination laws. Those words from the 10th Circuit Court of Appeals about Colorado’s Anti-Discrimination Act may be some of the most honest but chilling words ever uttered in a federal opinion.

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The Crime Report

AUGUST 11, 2022

justice system and reduce mass incarceration, argues a Washington and Lee University law professor. Expansion of the jury trial right would constitute a meaningful structural reform in democratizing criminal justice, at a time when such change is needed to establish the popular legitimacy of the criminal justice system,” writes J.D.

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JonathanTurley

NOVEMBER 29, 2021

The oral argument is scheduled for December 1st, the same week that the United States Court of Appeals for the Fifth Circuit will hear an expedited appeal over the even more stringent Texas abortion law. Indeed, the late Justice Ruth Bader Ginsburg was a critic of Roe , seeing it as too sweeping in supplanting state laws.

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SCOTUSBlog

DECEMBER 31, 2022

From legendary lawyers to lesser-known activists, journalists, and plaintiffs, the following individuals who died in 2022 all shaped the court and the law in their own ways. Jackson Women’s Health Organization , David Beckwith published the original Supreme Court abortion leak. In court papers, she was identified only as “L.C.”.

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JonathanTurley

DECEMBER 17, 2021

In California, Newsom pledged to re-purpose the Texas “heartbeat law” to limit gun rights. Newsom’s gun ‘heartbeat’ law. Newsom tapped into the liberal rage after the Supreme Court refused to enjoin the Texas law that allows people to sue anyone who “aids or abets” an abortion performed after about six weeks.

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JonathanTurley

MARCH 13, 2021

Courts have upheld the right of citizens to insult police, which is an unfortunate aspect of policing. Thus, in 2015, the Washington Supreme Court ruled that police could not arrest a 17-year-old who called them “pigs.”

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JonathanTurley

FEBRUARY 13, 2023

Notably, California’s law expressly states that this money should not be treated as compensation for federal reparations. 469 (1989), the Supreme Court struck down a set-aside for minority businesses due to a lack of evidence of specific injuries. As these numbers rise, so do the calls for payments in both politics and the media.

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JonathanTurley

OCTOBER 3, 2021

This term however has more drama and tension as Democrats call for packing the Court with an instant liberal majority and others attack its members in anticipation of opinions that have yet to be written. The reality is summed up in one of my favorite stories about Supreme Court Justice Oliver Wendell Holmes when he was on trip to Washington.

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JonathanTurley

JUNE 1, 2021

As we await important and likely divided decisions on issues like abortion, Chief Justice John Roberts and his colleagues seem to be sending a message that the Court is not so rigidly ideological as Democratic members and activists suggest. Palomar-Santiago , an immigration decision that ruled for the government and against an immigrant.

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JonathanTurley

JANUARY 3, 2022

After Dobbs was accepted, advocates sought to enjoin a Texas law that banned abortion after just six weeks. The court ruled 5-4 to allow the Texas law to be enforced. The court — as expected — allowed the appeal to go forward for some of the litigants in the lower court but again refused to enjoin the law.

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JonathanTurley

APRIL 27, 2021

Last September, Stanford University and University of Washington researchers wrote that a Project Veritas video alleging voter fraud with unidentified sources was what a “a domestic, coordinated elite disinformation campaign looks like in the United States.” Project Veritas has been accused of misleading edits or accounts.

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JonathanTurley

JULY 4, 2022

After major rulings on gun rights, abortion and climate change, Democratic leaders and pundits declared the court to be “illegitimate.” Madison in 1803, when the court ruled that it must be the final arbiter of what the law means. For example, after the court ruled in Worcester v.

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JonathanTurley

OCTOBER 8, 2022

We recently discussed a federal court upholding the Georgia election law as constitutional, rejecting challenges based on voter suppression by a group associated with Democratic Georgia gubernatorial candidate Stacey Abrams. However, Article V, Section 4A of the Delaware Constitution is explicit on those categories.

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JonathanTurley

NOVEMBER 12, 2021

Supreme Court Justice Oliver Wendell Holmes once wrote that “hard cases make bad law.” A majority of the court has shown an interest in rolling back the so-called Chevron Doctrine, which affords agencies great deference in the interpretation and enforcement of federal law.

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JonathanTurley

AUGUST 5, 2021

Here is the column: As the fight over election reform heats up in Congress, the White House is ramping up the rhetoric, declaring that President Biden and Vice President Harris are “incensed by the anti-voter laws that are trampling on our constitutional principles.” You cannot protect one by negating the other. In McPherson v.

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JonathanTurley

JULY 15, 2022

.” Ironically, it was the only part of the president’s remarks that is consistent with what the court actually said in its decision in Dobbs v. Wade, the court ruled that millions of citizens, not nine justices, must now decide the question of abortion. Jackson Women’s Health Organization. In overturning Roe v.

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JonathanTurley

JANUARY 13, 2022

San Francisco Regional Director Jill Coffman declared that the company is violating the rights of workers in 10 different states (Massachusetts, New Hampshire, Pennsylvania, New Jersey, Virginia, Maryland, Georgia, Washington, Indiana, and California). In her consolidated complaint against Whole Foods Market, Inc.,

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JonathanTurley

JUNE 24, 2024

New Yorkers and the media insisted that such selective prosecution was in defense of the “rule of law.” This week in the Supreme Court, a glimpse of the legal landscape outside of Manhattan came more sharply into view. The court ruled that a jury had to decide this issue unanimously under a standard of beyond reasonable doubt.

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JonathanTurley

JULY 2, 2024

It is not clear what these paper-bag pundits are more upset about: the fact that the Court ruled in favor of immunity or that the Court again failed to yield to years of harassment and threats from the left. What they fail to understand is that this is precisely the moment that the Court was designed for. and Maurice C.

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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. Washington Supreme Court Said Climate Activist Was Entitled to Present Necessity Defense Based on Evidence that Legal Alternatives Were Not “Truly Reasonable”.

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JonathanTurley

MAY 24, 2021

In 1989, the Supreme Court ruled that a minority set-aside program in Virginia was unconstitutional under the Equal Protection Clause. The government cited historical barriers for minority enterprises, but the court balked. Courts have allowed minority set-asides to remedy past inequities.

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JonathanTurley

JUNE 3, 2022

In the past, politicians in cities like New York, Chicago and Washington, D.C., Moreover, the earlier ban was imposed in 1994 — before the Supreme Court ruled in District of Columbia v. There is room for rational reforms, ranging from better funding of mental illness treatment to “red flag” laws.

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JonathanTurley

APRIL 18, 2023

In the past, politicians in cities like New York, Chicago and Washington, D.C., Moreover, the earlier ban was imposed in 1994 — before the Supreme Court ruled in District of Columbia v. have proven to be the gun lobby’s greatest asset. Heller that the right to bear arms is an individual right.

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JonathanTurley

JANUARY 8, 2022

The same concerns were raised this week after Washington Gov. Such a law would threaten political speech and create a chilling effect for those who want to raise such concerns in contested elections. Such a criminal law would be ripe for abuse and would create a chilling effect that would be positively glacial. In Brandenburg v.

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JonathanTurley

MARCH 11, 2022

Democratic members and advocacy groups have pushed to pack the Supreme Court with an instant liberal majority. They have sought to negate state election laws and impose their own federal election standards on states. In 1981, a federal district court ruled in Idaho v. Yet, they still fell short. You “ start over.”.

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JonathanTurley

JUNE 9, 2022

Despite the pledge to return to a respect for the “rule of law,” Biden openly suggested that they could use the litigation to get as much money out the door as possible before being barred by the courts. Nothing could be more damaging to the litigation and the federal courts quickly rejected the CDC and Tribe arguments.

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JonathanTurley

DECEMBER 9, 2020

The lawsuit not only contradicts governing case law but threatens constitutional protections for free speech and the free press in seeking such tort relief. In an interview with the Washington Examiner, diGenova quickly stated that his comment was a joke and not intended as a threat. Count IV is a civil conspiracy claim.

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JonathanTurley

FEBRUARY 5, 2024

Below is my column in The Hill on the worsening situation at the Southern border and how the Supreme Court laid the seeds for this crisis over a decade ago. The courts have left few options for either the states or Congress in compelling the enforcement of federal law. They have often found the courts closed to them.

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JonathanTurley

JULY 9, 2022

Greg Abbott signed an order allowing Texas law enforcement to return illegal immigrants apprehended in the state back to the U.S. Whether such state enforcement is constitutional will be hashed out in the courts in light of the 2012 decision in Arizona v. Indeed, in this month’s ruling in Biden v. This week, Texas Gov.

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JonathanTurley

AUGUST 19, 2021

There was a great deal of criticism of President Joe Biden’s press conference from his refusal to take questions on the Afghanistan situation to his calling for the use of Civil Rights laws to oppose any state laws barring mask mandates. Legally, the President just pledged to indemnify the violation of state law.

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