Constitutional Law Reporter

FEBRUARY 22, 2021

The decision represents the first 5-to-4 split in a case argued during the Court’s 2020-21 term. Legal Background. Second, the features of a reopening decision make it one “ by which rights or obligations have been determined, or from which legal consequences will flow.” The post Divided Court Rules U.S.

Court Rules 52

Court Rules Court Legal Legal 52

JonathanTurley

MARCH 9, 2021

For those who want to know if their rights have been violated, the least dangerous branch will become the least expensive source of legal advice.” A contrary rule would have meant, in many cases, that there was no remedy at all for those rights, such as due process or voting rights, that were not readily reducible to monetary valuation.

Court Rules 60

Court Rules Court Litigating Litigation 60

The Crime Report

AUGUST 11, 2022

“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. King in a paper published in the University of Pennsylvania Journal of Constitutional Law.

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Misdemeanor Drafting Constitutional Law Court 124

JonathanTurley

OCTOBER 7, 2022

I previously wrote about the latest New York gun law passed after the Court’s ruling in New York State Rifle and Pistol Association v. Bruen and how it follows a long line of legally flawed legislative measures in the area. It did not take long. On Thursday, federal District Judge Glenn T.

Court Rules 57

Court Rules Laws Court Education 57

JonathanTurley

JUNE 12, 2022

In January, I wrote a column criticizing the legal position of the National Labor Relations Board (NLRB) in favor of Whole Food workers seeking to wear Black Lives Matter (BLM) symbols or clothing at work. In my view, that position is legally unsustainable but continues to be advanced by the General Counsel and the NRLB.

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Court Rules Court Administrative Law Government 47

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. But younger generations are challenging this connotation.

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Court Court Rules Legal Legal 104

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 100

SCOTUSBlog

MARCH 7, 2022

Gore , the 2000 case that halted the recount in Florida in the presidential election, then-Chief Justice William Rehnquist wrote a concurring opinion (joined by Justices Antonin Scalia and Clarence Thomas) in which he explained that, in his view, the state court’s recount conflicted with the deadlines set by the state legislature for the election.

Calendaring 131

Calendaring Court Litigation Litigating 131

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. An array of groups opposed the state law from the ACLU to the NAACP Legal Defense and Educational Fund.

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Laws Court Education Court Rules 58

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 also reaffirmed its holding in Bantam Books, Inc. In National Rifle Association of America v. Vullo , 602 U.S. _ (2024), the U.S.

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Government Court Constitutional Law Contract 52

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 Sixth Circuit Court of Appeals affirmed. The Sixth Circuit Court ruled that Freed was not liable because he maintained his Facebook page in his personal capacity. In Lindke v.

Court 52

Court Cause of Action Government Court Rules 52

JonathanTurley

JUNE 29, 2021

The Tenth Circuit upheld the district court decision in favor of the IRS and its authority to conduct the audit. Thomas noted that in 2005 a fractured divided court ruled Gonzales v. There is also massive public support for legalization that has been building for years. Raich , 545 U.S.

Government 53

Government Court Legal Legal 53

JonathanTurley

MARCH 21, 2021

Sullivan’s lawsuit was one of a number of civil actions brought under state laws that targeted Northern media covering the violence against freedom marchers. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press.

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Tort Litigating Litigation Court 87

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. Congress may enact legal prohibitions and obligations. And Congress may create causes of action for plaintiffs to sue defendants who violate those legal prohibitions or obligations.

Court 52

Court Cause of Action Tort Punitive Damages 52

JonathanTurley

JANUARY 8, 2022

According to the Seattle Times , Inslee declared that “it should not be legal in the state of Washington for elected officials or candidates for office to willfully lie about these election results.” Indeed, this seems like an effort to evade the constitutional limits placed on incitement crimes by the courts.

Misdemeanor 59

Misdemeanor Criminal Law Laws Court 59

JonathanTurley

FEBRUARY 13, 2023

469 (1989), the Supreme Court struck down a set-aside for minority businesses due to a lack of evidence of specific injuries. However, even liberal scholars like Erwin Chemerinsky seem to concede that these reparation measures would face series legal headwinds in the courts. In City of Richmond v.

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Immigration Legal Legal Government 57

JonathanTurley

JANUARY 13, 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. Either possibility is unsettling.

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Tort Court Rules Court Constitutional Law 59

JonathanTurley

NOVEMBER 14, 2021

I have a legal education.” It is called the “rule of lenity” and has been around in the English system for centuries. For example, in 1547, the court was faced with a law making it a felony of steal “Horses, Geldings or Mares.”

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Statute Misdemeanor Criminal Law Felony 59

JonathanTurley

MAY 31, 2021

Ending standardized testing will have a notable impact on legal challenges to the use of race in college admissions. The Supreme Court has issued a series of 5-4 decisions that have ruled both for and against such race criteria admissions — but even justices supporting such systems have expressed reservations.

Education 60

Education Litigating Litigation Court 60

JonathanTurley

OCTOBER 18, 2021

In 2008, the Supreme Court handed down a landmark ruling in District of Columbia v. City of Chicago , the court ruled that this right applied against the states. Penal Law § 400.00(2)(f) It’s no secret that many federal courts have engaged in systematic resistance to Heller and McDonald.”.

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Court Litigating Litigation Laws 55

JonathanTurley

OCTOBER 31, 2022

As a teenage congressional page, I was one of the faces in that crowd gathered around the court in October 1977 to watch history being made. In Bakke, the court ruled against affirmative action in a fractured decision. Whatever value a test-blind system may have academically, it could be impactful legally.

Court 51

Court Construction Education Court Rules 51

JonathanTurley

MARCH 22, 2021

He writes in the areas of Jurisprudence and Legal Theory, Intellectual Property, Contracts, Bankruptcy, Law and Economics, Business and Corporate Law at USD. It shows the same combination of student cancelling campaigns and the enabling actions of school administrators.

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Government Laws Law School Contract 50

Constitutional Law Reporter

OCTOBER 7, 2024

Moreover, Muñoz’s claim to a procedural due process right in someone else’s legal proceeding would have unsettling collateral consequences. The post Supreme Court Rules Spousal Immigration Is Not a Right appeared first on Constitutional Law Reporter.

Immigration 52

Immigration Court Rules Court Constitutional Law 52

Constitutional Law Reporter

NOVEMBER 28, 2022

The primary issue in both cases is whether the Court should reverse its decision in Grutter v. 2241 whenever it “appears that the remedy by [§ 2255] motion is inadequate or ineffective to test the legality of [their] detention.” Decisions in all of the cases are expected before the Court’s term ends in June.

Constitutional Law 52

Constitutional Law Statute Education Court Rules 52

JURIST

MAY 27, 2024

But the Convention came together to declare that equal rights, including rights for women and LGBTQ+ people, should be a fundamental value of American constitutional law. It was in response to the Supreme Court decision Kelo v. The fourth and final amendment to pass was an amendment limiting eminent domain. New London.

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Government Laws Court Construction 197

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. Ballance v.

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Lawyer Lawyers Court Court Rules 96

JonathanTurley

JANUARY 14, 2024

District Judge Kathryn Kimball Mizelle has ruled that the federal law prohibiting people from possessing firearms inside post offices is unconstitutional. The ruling is based on 2022 Supreme Court ruling New York State Rifle & Pistol Association v. The case concerned Emmanuel Ayala, U.S. .”

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Statute Government Court Court Rules 63

JonathanTurley

MARCH 7, 2021

There is no real prospect that the court would reach any different conclusion after a trial. The result is a blow to the media to be able to report on newsworthy material that it acquired from sources, even if legal or protected in the United States. Yet, it operates under a hazy set of laws that often treats journalism as a privilege.

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Court Rules Drafting Court Tort 37

JonathanTurley

JUNE 22, 2021

” In 2014, the Court ruled 6-2 in Schuette v. Bamn , that Michigan’s constitutional amendment banning affirmative action was constitutional. Indeed, it does not even warrant a consideration of countervailing constitutional and legal authorities.

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Education Entertainment Contract Laws 49

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. Bigan , 397 Pa. 316, 155 A.2d Cf: Restatement, Torts, § 322. .

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Tort Misdemeanor Legal Legal 54

Constitutional Law Reporter

FEBRUARY 1, 2022

Missouri , the Court ruled that the Centers for Medicare & Medicaid Services (CMS) rule should be allowed to take effect nationwide as the lower courts consider legal challenges. The rule thus fits neatly within the language of the statute.”. However, held in Biden v.

Healthcare 52

Healthcare Court Constitutional Law Statute 52

JonathanTurley

MAY 25, 2021

In Re: The Petition To Summon A Grand Jury the court ruled in favor of Steven Davis in forcing the empanelment of a grand jury to investigate Kansas Secretary of State Kris Kobach and others for allegedly engaging in various election crimes.

Statute 55

Statute Laws Court Court Rules 55

Conflict of Laws

JULY 11, 2022

This also generates questions of whether such a field of law is needed at all or which particular issues it should govern, as the possible area of regulation is to a large extent covered by other areas of law, namely international law, conflict of laws, constitutional law, and administrative law as well as by the field of diplomacy.

Laws 52

Laws Court Diligence Government 52

JonathanTurley

OCTOBER 5, 2021

What is most striking however is the coverage in the Washington Post, which reported on the summary affirmance but only quoted supporters for the challenge, including a strikingly misleading take on the lower court ruling upheld by the Supreme Court. I have written about D.C. even though it is not constitutionally required to.”

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Court Court Reporting Education Court Reporter 40

JonathanTurley

SEPTEMBER 2, 2023

We recently discussed a federal court ruling that the Texas law requiring age verification and warning for porn sites was unconstitutional. Now, Judge Timothy Brooks in Arkansas has found that another state law imposing age verification requirements for social media violates the First Amendment. In Netchoice, LLC v.

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Laws Court Statute Divorce 47

JonathanTurley

JULY 24, 2024

But Chief Judge Colm Connolly, a Delaware Democrat, didn’t just say it was legally unfounded — he demolished the claims of figures like Jankowicz that they are really not engaged in censorship. Jonathan Turley is a Fox News Media contributor and the Shapiro professor of public interest law at George Washington University.

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Court Rules Court Government Legal 65

SCOTUSBlog

OCTOBER 28, 2022

Last year, the court restricted the ability of state prisoners to develop new evidence to support claims that their attorneys failed to investigate leads that could have shown they were factually innocent. Jones involves a federal prisoner who is legally innocent – the conduct a jury found he committed isn’t a crime.

Felony 101

Felony Statute Government Court 101