JonathanTurley

MARCH 22, 2021

As Eugene Volokh correctly pointed out , the California Labor Code protects “political activities” employees and the California Supreme Court ruled in Gay Law Students Ass’n v. 1979) that “political activities” includes not just electioneering but also “espousal of … a cause.”.

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SCOTUSBlog

APRIL 29, 2022

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, a capital defendant’s request for habeas relief on the ground that his lawyer conceded guilt over his objection, as in 2018’s McCoy v. After McCoy , Tyler unsuccessfully sought relief in Louisiana state courts. In Tyler v.

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JonathanTurley

JANUARY 13, 2022

NLRB lawyers are arguing that Whole Foods must allow workers to wear “Black Lives Matter” masks at work, suggesting — in effect — that Bezos should start with the worker and work forward by allowing them to advocate for social change. That, of course, could change — the minute an NLRB lawyer shows up wearing a MAGA hat.

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JonathanTurley

MAY 24, 2022

Now, after a major court ruling against the university , an arbitrator has awarded Negy all back pay and benefits from the time of his firing. To the contrary, the university issued a statement that indicated that it is undeterred by the adverse court rulings. That is good news.

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JonathanTurley

OCTOBER 19, 2021

In 2009, the New York courts ruled that Metro workers were not legally required to assist a woman being raped at a station. In torts, there is no duty to rescue rule. That was the holding in the famous ruling in Yania v. Indeed, I know of no law requiring an intervention in a violent crime scene anywhere in the country.

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JonathanTurley

FEBRUARY 7, 2023

They have asked for the dismissal of the indictment for lack of jurisdiction since the Court ruled in Dobbs that “the Constitution does not confer a right to abortion.” The court was merely saying that this was within the broad scope of arguments that could be made in a court.

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JonathanTurley

JANUARY 25, 2025

On Friday, the Supreme Court agreed to review a potentially blockbuster religion clause case in Oklahoma Charter School Board v. While the lawyers representing St. Notre Dame Law Professor Nicole Garnett has been involved in the case and the Notre Dame Religious Liberty Clinic is on the brief for St. However, there is a catch.

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JonathanTurley

MARCH 26, 2022

It is important to note that Republicans have also had courts rule against them in states like North Carolina and Pennsylvania). million paid to the campaign’s law firm. The case is Szeliga vs. Lamone. This is the first time that a congressional map has been thrown out in the history of the state. (It

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SCOTUSBlog

DECEMBER 31, 2022

Share At the end of each year, SCOTUSblog remembers some of the people whose lives and work left an imprint on the Supreme Court. 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. 30, 1942 – Oct.

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JonathanTurley

APRIL 27, 2021

The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. The Court sought to create “breathing space” for the media by articulating that standard that now applies to both public officials and public figures.

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JonathanTurley

JANUARY 31, 2021

On the opposing side, figures like MSNBC’s Joe Scarborough raised equally poor understandings of defamation law i n considering lawsuits against Trump. I was therefore gladdened by the Supreme Court ruling 8-1 in favor of the free speech in the case, even if it meant a victory for odious Westboro Church.

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SCOTUSBlog

JUNE 26, 2023

The case had been on hold for nearly a year, waiting for the court to issue its ruling in Allen v. On June 8, a divided court ruled that the map drawn by Alabama’s Republican-controlled legislature likely violates Section 2 of the Voting Rights Act, which bars racial discrimination in voting.

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JonathanTurley

DECEMBER 9, 2020

I was therefore gladdened by the Supreme Court ruling 8-1 in favor of the free speech in the case, even if it meant a victory for odious Westboro Church. Ironically, these lawyers are espousing the position of the lone dissenter: Justice Alito. These lawyers and Krebs are doing precisely what Trump has called for.

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JonathanTurley

SEPTEMBER 22, 2022

He makes direct reference to being given different accounts of the controlling law. There are some lawyers who believe that a president has immediate and unlimited authority over classified information. Trump also appears to be relying on a legal advice defense (as he has with the challenge to the 2020 election and Jan. 6th questions).

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SCOTUSBlog

JUNE 30, 2023

And he indicated that the court’s decision would provide similar protection to other business owners whose services involve speech, such as artists, speechwriters, and movie directors. In a statement, lawyer Kristen Waggoner said that the court had “rightly reaffirmed that the government can’t force Americans to say things they don’t believe.”

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JonathanTurley

MAY 23, 2021

.” What is most interesting about this lawsuit is how it is arguably meritless under both tort and constitutional law. However, there has been little pushback from a host of lawyers who have spent months calling for sanctions against Republican lawyers for filing lawsuits viewed legally or factually meritless.

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JonathanTurley

MARCH 31, 2021

attorney Patrick Malone, who previously filed ethics complaints against lawyers representing the Trump campaign or the Republican party. Trump lawyers many view this lawsuit as a greater opportunity than a liability for their client. That claim runs directly counter to the controlling case law. In Brandenburg v.

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JonathanTurley

APRIL 22, 2022

While denouncing Republicans for gerrymandering as attack on democracy, Democratic figures like lawyer Marc Elias are under attack for raising millions to support Democratic gerrymandering. Notably, Democrats are celebrating one aspect of the ruling.

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JonathanTurley

NOVEMBER 12, 2021

That is when Klain again confidently rushed in where wiser government lawyers fear to tread. He announced that the White House had found a way to evade the constitutional limitations: “OSHA doing this vaxx mandate as an emergency workplace safety rule is the ultimate work-around for the Federal govt to require vaccinations.”.

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JonathanTurley

FEBRUARY 3, 2022

The inclusion of private parties in the lawsuit magnifies the constitutional concerns over free speech. Vindman does not sue former President Trump while detailing how these individuals were clearly acting with his knowledge (citing Michael Cohen, Trump’s former lawyer and now Trump’s vehement enemy).

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JonathanTurley

AUGUST 9, 2021

.” Now, six months into his presidency, Biden is openly flouting the Constitution with a knowingly invalid extension of the eviction moratorium — and some law professors and advocates on the left are cheering him for it. Some of us criticized the CDC order as unconstitutional.

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JonathanTurley

JANUARY 19, 2025

However, in 1981, a federal district court ruled in Idaho v. The Supreme Court later stayed that order but then declared the matter moot.) In 2021 federal Judge Rudolph Contreras ruled that it would have been absurd for the Archivist to disregard the deadline and unilaterally add the unratified amendment to the Constitution.

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ClimateChange-ClimateLaw

AUGUST 4, 2021

Washington Supreme Court Said Climate Activist Was Entitled to Present Necessity Defense Based on Evidence that Legal Alternatives Were Not “Truly Reasonable”. Minister of Environment and Others (South Africa High Court). New Zealand Lawyers Challenged Climate Change Commission’s Recommendations. BP p.l.c. ,

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JonathanTurley

DECEMBER 8, 2020

Indeed, the challengers went to the Supreme Court and said that it was essentially the same order with the same underlying discriminatory impact. Yet, the Supreme Court ruled that she was wrong and the OLC was right. The order was constitutional. It was not struck down but expanded.

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JonathanTurley

JULY 8, 2024

As it has in the past, the court adopted a three-tiered approach to presidential powers based on the source of a presidential action. Sawyer , in which the court ruled against President Harry Truman’s takeover of steel mills. Chief Justice John Roberts cited Youngstown Sheet and Tube Co.

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