SCOTUSBlog

DECEMBER 31, 2022

In court papers, she was identified only as “L.C.”. Four years later, her case reached the Supreme Court. In a 6-3 opinion by Justice Ruth Bader Ginsburg, the court ruled in Olmstead v. Dellinger lost both of those cases, but he notched plenty of victories, including in Washington v. Board of Education.

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JonathanTurley

NOVEMBER 29, 2021

Despite annual columns questioning such apocalyptic predictions, which often seemed more political than legal, the granting of Dobbs led me to write my first “this could be it” column. That does not mean the court will do so, but it could substantially reduce Roe’s hold over states. That line was viewed as around 23 or 24 weeks.

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JonathanTurley

DECEMBER 17, 2021

The bills are the latest examples of “gotcha legislation,” though the Florida bill could raise some interesting legal questions if Gov. Both proposals face serious legal challenges and likely could not survive as codified soundbites. Newsom’s gun ‘heartbeat’ law. Here is the column: California Gov.

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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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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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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

JULY 8, 2024

Despite the prediction of Rachel Maddow that this was a “Death Squad Ruling,” the only thing that seemed to die was objective reporting and commentary in the wake of the decision. Here is the column: On MSNBC, Rachel Maddow warned that the Supreme Court had just unleashed death squads to roam our streets. and Maurice C.

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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”. State of Washington ex rel. Spokane County District Court , No. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 148. FEATURED CASE.

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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. It would also unleash potential legal challenges.

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JonathanTurley

AUGUST 5, 2021

1), for example, would negate state laws on voter identification and vote-curing rules and “ballot harvesting,” bar the purging of voter lists, dictate registration and removal conditions, and impose other federal rules in a massive 800-page takeover of elections. It seeks to negate the Supreme Court ruling in Shelby County v.

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JonathanTurley

JUNE 24, 2024

With the Trump trial, Manhattan has become a type of legal wilderness where prosecutors use the legal system to hunt down political rivals and thrill their own supporters. New Yorkers and the media insisted that such selective prosecution was in defense of the “rule of law.” It all comes down to the legal map.

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JonathanTurley

MAY 24, 2021

The legal question is whether historical disparities are enough to justify a system of race and gender preferences when all restaurants were impacted by the pandemic. In 1989, the Supreme Court ruled that a minority set-aside program in Virginia was unconstitutional under the Equal Protection Clause.

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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. Indeed, this seems like an effort to evade the constitutional limits placed on incitement crimes by the courts.

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JonathanTurley

JUNE 9, 2022

Biden admitted that his White House counsel and their preferred legal experts told him that the move was likely unconstitutional. 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.

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JonathanTurley

MARCH 11, 2022

In 1981, a federal district court ruled in Idaho v. The Supreme Court later stayed that order but then declared the matter moot.). The Justice Department’s Office of Legal Counsel (OLC) issued an opinion on Jan. Democrats then pushed the Biden administration to change that legal opinion.

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JonathanTurley

DECEMBER 9, 2020

In an interview with the Washington Examiner, diGenova quickly stated that his comment was a joke and not intended as a threat. 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. Here is the complaint: Krebs v. diGenova.

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JonathanTurley

AUGUST 7, 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. Moreover, shortly after McCardle , the Court ruled in United States v.

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JonathanTurley

JULY 9, 2022

The legal difference is obvious. Rather than trying to force President Biden to enforce these laws, Congress could seek to allow states to do so. Yet if there is a case to be made for self-help, it is not to the courts but to the voters. Yet when millions pour over the southern border, it is called lax enforcement.

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JonathanTurley

AUGUST 19, 2021

Now this lack of any limits has allowed a president to pledge that he will pay the salaries of any teachers who knowingly violate their contracts and state law. Before we get to the legal and constitutional issues, Biden failed to put any practical limits on his pledge. Will the federal government effectively pay a pension?

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JonathanTurley

DECEMBER 8, 2020

However, Sally Yates is one of the most astute political operatives in Washington. The career staff at the OLC had found that the order was legal and within Trump’s authority. Indeed, the challengers went to the Supreme Court and said that it was essentially the same order with the same underlying discriminatory impact.

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SCOTUSBlog

JUNE 26, 2023

The 16th Amendment carves out an exception to that rule, allowing Congress to tax “incomes, from whatever source derived,” without apportioning that tax among the states. A Washington state couple, Charles and Kathleen Moore, went to federal court to challenge the tax.

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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). However, weeks after the election, journalists discovered that the Clinton campaign hid payments for the dossier made to a research firm, Fusion GPS, as “legal fees” among the $5.6

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JonathanTurley

MAY 10, 2021

When the Supreme Court ruled in the Citizens United case that corporations have free speech rights to participate in politics, Warren was appalled. She has long rejected the notion that corporations have the constitutional rights like individuals: “Corporations are not people. Elizabeth Warren (D-Mass.)

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JonathanTurley

MARCH 6, 2024

After months of activists and experts calling for the court to allow ballot cleansing by individual states, the justices refused. Figures like Harvard professor Laurence Tribe had insisted that the legal theory allowing Trump’s removal from ballots was “unassailable” and rejected opposing positions as “absurd.”

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JonathanTurley

DECEMBER 20, 2022

Of course, to raise obvious legal barriers to prosecution today is to invite an Internet flash mob accusing you for being an insurrectionist or fellow traveler. Likewise, experts like legal analyst and Michigan Law Professor Barbara McQuade told MSNBC viewers that Trump could be charged with manslaughter for riot.

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JonathanTurley

JANUARY 6, 2022

Yet, a year ago, various legal experts declared that Trump should be charged based on his speech and his delay in calling for protesters to leave Capitol Hill. Indeed, many of the same legal experts reappeared to offer assurances that Trump can still be frog marched to the hoosegow. Rudy Giuliani and U.S. .” In Brandenburg v.

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JonathanTurley

SEPTEMBER 2, 2022

The legal basis for this action is superficial and strikingly cynical. The Biden plan would use the law to benefit individuals without such a showing, including many of the 40 million beneficiaries who are relatively wealthy and could pay off the loans. No branch is supposed to have enough power to govern alone.

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JonathanTurley

AUGUST 9, 2021

Below is my column in the Hill on the extension of the eviction moratorium — a move that his White House Counsel and most legal experts told him was unconstitutional. Indeed, he admitted that legal experts overwhelmingly told him so: “ The bulk of the constitutional scholarship says that it’s not likely to pass constitutional muster.”

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