Constitutional Law Reporter

NOVEMBER 28, 2022

The primary issue in both cases is whether the Court should reverse its decision in Grutter v. Another provision of the statute, however, also allows inmates to collaterally challenge their convictions outside this process through a traditional habeas action under 28 U.S.C. Bollinger , 539 U.S. 306 (2003).

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JonathanTurley

NOVEMBER 14, 2021

However, the most damaging moment came outside of the presence of the jury when the judge drilled down on the law. He told the prosecutors “I have been wrestling with this statute with, I’d hate to count the hours I’ve put into it, I’m still trying to figure out what it says, what’s prohibited. I have a legal education.”

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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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JonathanTurley

MAY 12, 2021

.” The language of the statute in my view is unconstitutional due to its sweeping criminalization of any “curse or abuse” that could “provoke a breach of the peace.” ” However, the appellate panel corrected noted that such laws are narrowly construed in light of controlling precedent.

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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. Robins, 578 U.S.

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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) Heller , recognizing the Second Amendment as encompassing an individual right to bear arms.

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JonathanTurley

SEPTEMBER 9, 2021

Free speech has always held a precarious position in Australia which does not have an equivalent to the First Amendment in guaranteeing free speech as a constitutional right. Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech. 47 U.S.C. § 230(e)(3).

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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. According to the eight-member majority, “federal courts are generally not the proper forum for resolving claims that the Executive Branch should make more arrests or bring more prosecutions.”

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SCOTUSBlog

OCTOBER 28, 2022

In 2019, the court ruled in Rehaif v. United States that to be convicted under the felon-in-possession statute, the government has to prove not only that the defendant knowingly possessed a gun, but that he knew he was prohibited from doing so. By its terms, it doesn’t apply to new rules of statutory interpretation.

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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. 18 U.S.C. §

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JonathanTurley

OCTOBER 25, 2021

The appellate court was already expediting review of the case, and the dismissal was “without prejudice.” ” The health care workers can refile if circumstances change or if the appellate court rules against them. They also can refile if the lower court has not reached a decision by Oct.

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Constitutional Law Reporter

FEBRUARY 1, 2022

Department of Labor, Occupational Safety and Health Administration , the Court held that the vaccine-or-testing rule established by the U.S. 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.

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JonathanTurley

MAY 25, 2021

Notably, this attack occurred when the courts were conducting a major review of this law. In 2018, the Court of Appeal of Kansas address a case of a citizen grand jury. The district court erred when it held that Davis was required to allege specific facts in his petition. Davis has met this standard.”

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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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JonathanTurley

JULY 27, 2021

Stutzman the owner added a religious hostility claim after Masterpiece cakeshp but on June 6, 2019, the Washington Supreme Court unanimously ruled against Stutzman. Then the Supreme court denied certiorari in July 2021. On June 15, 2021, a Colorado District Court ruled in Scardina v.

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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.” That does not mean that the Court was right and many disagree with the holding. That included 21 of the 27 ratifying states.

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JonathanTurley

DECEMBER 31, 2022

On December 30, the United States Court of Appeals for the Eleventh Circuit handed down a major opinion in in Adams v. The court ruled 7-4 against a statutory and constitutional challenge of a transgender student to a district policy requiring students to use bathrooms corresponding to their biological sex.

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JonathanTurley

AUGUST 25, 2021

The case is brought under statutes like 18 U.S.C. Civil and statutory claims can be curtailed by constitutional limitations. Supreme Court ruled against a provision of federal law that banned computer simulations and virtual pornography under the first amendment. This is such a case in my view. In 2002, the U.S.

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JURIST

JULY 1, 2024

The US Supreme Court on Monday vacated and remanded lower court rulings regarding the constitutionality of statutes enacted by Florida and Texas to regulate large social media companies’ content moderation practices. Key to the court’s ruling in Moody v.

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JonathanTurley

NOVEMBER 6, 2022

She filed a discrimination lawsuit in federal court under the Oregon Public Accommodations Act’s (“OPAA”) prohibition against discrimination on the basis of gender identity. Zeba Blay, No, The ‘Hamilton’ Casting Call for ‘Non-White’ Actors Is Not Reverse Racism, HuffPost (Mar. 31, 2016, 12:30 PM), [link]. He was joined by U.S.

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JonathanTurley

DECEMBER 5, 2021

The 1896 ruling of Plessy v. Board of Education of Topeka, roughly 58 years after it was written; the court ruled that its Plessy decision was egregiously wrong — one in a long list of reversals celebrated today. Ferguson was overturned in Brown v. This includes Lawrence v.

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JonathanTurley

OCTOBER 8, 2022

Now, the Delaware Supreme Court has rejected a Democratic universal mail-in voting law as unconstitutional. The Delaware Supreme Court ruled on Friday that a state law enacting universal mail-in voting violated the state’s constitution.

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SCOTUSBlog

APRIL 17, 2023

Federal law bars employers from firing workers for practicing their religion unless the employer can show that the worker’s religious practice cannot “reasonably” be accommodated without “undue hardship.” In 1977, the Supreme Court ruled in Trans World Airlines v.

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JonathanTurley

NOVEMBER 12, 2021

Courts have uniformly upheld the right of employers to impose mandatory vaccination or testing requirements as a condition for employment; states have enhanced authority over such public health measures, too. Ironically, the Supreme Court warned against such sudden agency “finds” of regulatory authority.

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JonathanTurley

JUNE 29, 2022

In an unanimous 6-0 ruling, the Michigan Supreme Court held that her office committed a fatal and inexplicable error in prosecuting nine officials for the Flint water crisis, including former Gov. Nessel then restarted the prosecutions anew but ignored statutes that clearly do not allow the use of a single judge to issue indictments.

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JonathanTurley

NOVEMBER 29, 2021

After Dobbs was accepted with its 15-week limit, 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.

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JonathanTurley

APRIL 26, 2024

It has been almost 50 years since the high court ruled presidents have absolute immunity from civil lawsuits in Nixon v. The court held ex-President Richard Nixon had such immunity for acts taken “within the ‘outer perimeter’ of his official responsibility.” Fitzgerald. Yet in 1974’s United States v.

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JonathanTurley

NOVEMBER 8, 2022

Democratic Senate candidate John Fetterman and other Democrats have filed a federal lawsuit to strike down parts of Pennsylvania’s election law after the state Supreme Court ruled that mail-in ballots with incorrect dates or no dates should not be counted.Fetterman is challenging the state law on constitutional and federal statutes.

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Above The Law

JANUARY 24, 2025

Sonner sought restitution for a past harm but failed to demonstrate that she lacked an adequate remedy at law. The issue was whether federal courts can award equitable relief when state law permits it, but an adequate legal remedy exists. Decision The court ruled in favor of Bachmann, granting her qualified immunity.

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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. It has been hailed as one of the most important civil-rights decisions for people with disabilities.

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JonathanTurley

JUNE 24, 2024

However, the court denied him the right to have a jury rule on the key issue of whether these prior offenses occurred on different occasions. The court ruled that a jury had to decide this issue unanimously under a standard of beyond reasonable doubt.

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Above The Law

MARCH 21, 2025

In a series of recent decisions, federal courts across the United States have addressed a range of significant legal issues, from civil rights and constitutional law to administrative authority and criminal justice. Area of Law: Constitutional Law, Civil Rights, Federal Authority: 25 points. 3 David S.

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JonathanTurley

FEBRUARY 3, 2022

Putting aside a later defamation action (though the statute of limitations is a concern), the filing could present an interesting question of whether the statute can be used to chill or curtail free speech. That was the concern that led the Supreme Court to curtail defamation actions.

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JonathanTurley

JUNE 17, 2022

The Court wrote that “[s] ince the statute does not specify the elements of “attempt to kill,” they are those required for an “attempt” at common law, … which include a specific intent to commit the unlawful act. Indeed, such a claim would contradict controlling Supreme Court precedent.

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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”. The court further found that EPCA’s legislative history did not support the plaintiff’s “expansive interpretation.” BP p.l.c. ,

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JonathanTurley

MARCH 2, 2025

The various inspector generals were also terminated and, at the time, some of us raised concerns over compliance with underlying federal statutes. Judge Jackson held that the firing clearly violated the controlling statute and that the Act itself was constitutional. In 2020, the Court ruled in Seila Law LLC v.

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JonathanTurley

MARCH 31, 2021

COUNT FOUR (Violation of a Public Safety Statute: D.C. COUNT FIVE (Violation of a Public Safety Statute: D.C. That claim runs directly counter to the controlling case law. In rejecting a suit against the church on constitutional grounds, Chief Justice John Roberts wrote: “Speech is powerful. .” In Brandenburg v.

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