Constitutional Law Reporter

MARCH 30, 2023

Supreme Court sided with John Montenegro Cruz, a death row inmate in Arizona. According to a 5-4 majority, Arizona erred in refusing to apply the Court’s precedent set forth in Simmons v. The trial court and Arizona Supreme Court held that Arizona’s capital sentencing scheme did not trigger application of Simmons.

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Constitutional Law Reporter

JULY 30, 2024

Supreme Court struck down the Chevron doctrine in its recent decision in Relentless v. Facts of the Case The Supreme Court granted certiorari in the two cases to address whether Chevron U.S.A. Supreme Court’s Decision The Supreme Court expressly overruled Chevron. Natural Resources Defense Council, Inc. ,

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Constitutional Law Reporter

JULY 9, 2024

Supreme Court held that where parties have agreed to two contracts — one sending arbitrability disputes to arbitration, and the other either explicitly or implicitly sending arbitrability disputes to the courts — a court must decide which contract governs. Supreme Court’s Decision The Supreme Court unanimously affirmed.

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Constitutional Law Reporter

AUGUST 6, 2024

Supreme Court upheld a city ordinance that imposes criminal penalties on homeless sleeping outside. According to the Court, the enforcement of generally applicable laws regulating camping on public property does not constitute “cruel and unusual punishment” prohibited by the Eighth Amendment to the U.S. Boise , No.

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Constitutional Law Reporter

JUNE 5, 2024

Supreme Court held that a district court’s failure to comply with Federal Rule of Criminal Procedure 32.2(b)(2)(B)’s After a jury convicted McIntosh, the District Court imposed a forfeiture of $75,000 and the BMW at the sentencing hearing. The Second Circuit Court of Appeals affirmed. In McIntosh v.

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Constitutional Law Reporter

OCTOBER 28, 2024

Supreme Court held that when an expert conveys an absent lab analyst’s statements in support of the expert’s opinion, and the statements provide that support only if true, then the statements come into evidence for their truth, and implicate the Sixth Amendment’s Confrontation Clause. The Court’s decision was unanimous.

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Constitutional Law Reporter

APRIL 4, 2023

Supreme Court held that the penalty for the nonwillful failure to file a Report of Foreign Bank and Financial Accounts (FBAR) is $10,000 per report rather than per account. The statute imposes a maximum $10,000 penalty for nonwillful violations of the law. The Fifth Circuit Court of Appeals agreed with the government’s assessment.

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Constitutional Law Reporter

FEBRUARY 28, 2024

Supreme Court held that a consumer may sue a federal agency under 15 U.S.C. §§ 1681n and 1681o for failing to comply with the terms of the Fair Credit Reporting Act (FCRA). While the District Court sided with the USDA, the Third Circuit Court of Appeals reversed. Kirtz , 601 U.S. _ (2024), the U.S. government.

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Constitutional Law Reporter

MAY 30, 2023

Supreme Court’s decision in Axon Enterprise, Inc. Federal Trade Commission , 598 U.S. _ (2023), allows federal district courts to consider constitutional challenges to administrative proceedings prior to the issuance of final rulings. Cochran’s and Axon’s suits were both dismissed for lack of jurisdiction.

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Constitutional Law Reporter

MAY 7, 2024

Supreme Court narrowly interpreted 18 U.S.C. By a vote of 6-3, the Court adopted the Government’s view of the three-prong test for evaluating a defendant’s prior criminal history, holding that a defendant must satisfy each of the conditions to be eligible. Supreme Court’s Decision The U.S. In Pulsifer v.

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Constitutional Law Reporter

OCTOBER 18, 2023

Supreme Court next term. The justices recently granted certiorari in two cases challenging state laws that restrict social media companies’ ability to moderate content on their platforms. The key issue before the Court is whether the Texas and Florida laws violate the First Amendment. The court held that S.B.

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Constitutional Law Reporter

JUNE 22, 2023

Supreme Court held that the government can’t keep the profits of properties sold to satisfy tax debts. The District Court dismissed the suit for failure to state a claim, and the Eighth Circuit affirmed. Supreme Court’s Decision The Supreme Court reversed. The Court first addressed the issue of standing.

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Constitutional Law Reporter

MAY 20, 2022

Supreme Court held that Section 304 of the Bipartisan Campaign Reform Act of 2002 — which limits the amount of post-election contributions that may be used to repay a candidate who lends money to his own campaign — violates the First Amendment because it “burdens core political speech without proper justification.” Supreme Court Decision.

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Constitutional Law Reporter

SEPTEMBER 12, 2023

Supreme Court held that a plaintiff alleges a “domestic injury” as mandated under RJR Nabisco, Inc. The District Court initially froze Yegiazaryan’s California assets before finally entering judgment against him. The Ninth Circuit Court of Appeals reversed. Supreme Court’s Decision The Supreme Court affirmed.

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Constitutional Law Reporter

SEPTEMBER 8, 2023

Supreme Court upheld a federal law that criminalizes “encouraging or inducing” an immigrant to come or remain in the United States unlawfully. According to the Court, the law does not run afoul of the First Amendment. The Court further found that the context and the statutory text both supported its interpretation.

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Constitutional Law Reporter

AUGUST 28, 2023

Supreme Court upheld the constitutionality of state laws requiring corporations operating within their borders to consent to personal jurisdiction when they register to do business in those states. According to the Court, such laws do not offend the Constitution’s Due Process Clause. In Mallory v. Bauman , 571 U.S.

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Constitutional Law Reporter

JULY 19, 2023

Supreme Court held that to establish that a statement is a “true threat” unprotected by the First Amendment, the state must prove that the defendant had some subjective understanding of the statements’ threatening nature, based on a showing no more demanding than recklessness. The Colorado Supreme Court denied review. In Counterman v.

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Constitutional Law Reporter

JUNE 5, 2023

Supreme Court rejected a constitutional challenge to a California animal welfare law that requires pork sold in the state to come from humanely raised pigs. According to the Court, the law did not violate the dormant commerce clause in regulating the pork industry outside California. We decline that invitation.

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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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Constitutional Law Reporter

DECEMBER 11, 2024

Supreme Court has agreed to consider whether Mexican government may continue its lawsuit against U.S. Lower Courts Decision The district court dismissed the case under the Protection of Lawful Commerce in Arms Act (PLCAA), which generally bars suits against firearms companies based on criminals misusing their products.

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Constitutional Law Reporter

FEBRUARY 28, 2022

Supreme Court allowed Alabama to implement a congressional redistricting map that includes only one district with a majority of Black voters. While a lower court agreed with challengers that the map constitutes illegal racial gerrymandering, the Supreme Court granted a stay, effectively putting the order on hold.

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Constitutional Law Reporter

JULY 23, 2024

Supreme Court held that 18 U.S.C. Facts of the Case As the Court explained in its opinion, Federal and state law distinguish between two kinds of payments to public officials—bribes and gratuities. The case before the Court involves James Snyder, who is the former mayor of Portage, Indiana. In Snyder v.

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Constitutional Law Reporter

MARCH 14, 2023

Supreme Court held that debts incurred by fraud can’t be discharged in a Chapter 7 bankruptcy, even if a debtor wasn’t culpable for the fraud. Justice Amy Coney Barrett wrote on behalf of the unanimous Court. Buckley sued in California state court and won, leaving the Bartenwerfers jointly responsible for more than $200,000 in damages.

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SCOTUSBlog

APRIL 22, 2022

Share The Supreme Court doesn’t care all that much for method-of-execution challenges. In the past 20 years, the court has announced substantive constitutional law, pleading requirements, and timeliness rules that make it harder to win such arguments. Since at least Nelson v. Campbell in 2004 and Hill v.

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Constitutional Law Reporter

APRIL 30, 2024

Supreme Court held that the State of Georgia can’t retry a defendant acquitted of murder by reason of insanity. We simply cannot know why the jury in McElrath’s case acted as it did, and the Double Jeopardy Clause forbids us to guess,” the Court held. “To The Georgia courts rejected that argument, and McElrath appealed to the U.S.

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Constitutional Law Reporter

DECEMBER 27, 2023

Supreme Court recently issued the term’s first decision in an argued case. Laufer , 601 U.S. _ (2023), the Court unanimously held the case is moot, declining to reach a closely watched issue of “tester” standing under the Americans With Disabilities Act (ADA). The Supreme Court granted review to address the split.

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Conflict of Laws

MAY 31, 2021

Jurisdiction is a fundamental aspect of Nigerian procedural law. In Nigerian judicial parlance, we have become accustomed to the principle that the issue of jurisdiction can be raised at any time, even at the Nigerian Supreme Court – the highest court of the land – for the first time. [1]

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Constitutional Law Reporter

APRIL 18, 2023

Supreme Court held that a deaf student seeking compensatory damages under the Americans with Disabilities Act (ADA) for the denial of a free and appropriate education may proceed without exhausting the administrative processes of the Individuals with Disabilities Education Act (IDEA) because the remedy sought is not one IDEA provides.

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Constitutional Law Reporter

MAY 14, 2024

Supreme Court held that the Federal Arbitration Act’s (FAA) exemption for transportation workers in interstate commerce applies to transportation workers regardless of whether they work in the transportation industry. Supreme Court’s Decision The Supreme Court unanimously reversed. “A In Bissonnette v. Adams , 532 U.S.

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Constitutional Law Reporter

MAY 10, 2023

Supreme Court has concluded its oral arguments for the 2022-2023 Term. The Court’s final week included four cases, with issues ranging from bankruptcy to RICO to government takings. Below is a brief summary of the issues before the Court: Lac du Flambeau Band of Lake Superior Chippewa Indians v. 2d 1112, 1115 (7th Cir.

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Constitutional Law Reporter

JUNE 26, 2023

Supreme Court unanimously found that when an alleged trademark infringer uses the mark as a designation of source for its own goods or services the threshold test for expressive works established in Rogers v. Justice Elena Kagan wrote on behalf of the unanimous Court. VIP Products LLC , 599 U.S. _ (2023), the U.S. Grimaldi , 875 F.

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JonathanTurley

NOVEMBER 22, 2022

Image from Supreme Court Petition. Now the Court has accepted a different parody case involving Jack Daniels where the company is suing the maker of dog chew toys. Now, the Court has accepted a parody case out of the United States Court of Appeals for the Ninth Circuit. The case is Jack Daniel’s Properties Inc.

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Constitutional Law Reporter

APRIL 11, 2023

Supreme Court held that uncashed MoneyGram checks are governed by the Disposition of Abandoned Money Orders and Traveler’s Check Act (FDA) and should be returned to the state where they were issued. According to the Court, the Disputed Instruments share two relevant similarities with money orders. In Delaware v.

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Constitutional Law Reporter

AUGUST 13, 2024

Supreme Court upheld a federal law that prohibits individuals subject to a domestic violence restraining order from possessing a gun. The District Court denied Rahimi’s motion to dismiss the indictment on Second Amendment grounds. In light of Bruen , the Fifth Circuit Court of Appeals reversed. In United States v.

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Constitutional Law Reporter

SEPTEMBER 30, 2024

Supreme Court held that two States and five individual social-media users who sued dozens of Executive Branch officials and agencies, alleging that the Government pressured the platforms to censor their speech in violation of the First Amendment, lacked Article III standing to bring their suits. In Murthy v. Missouri , 603 U.

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Constitutional Law Reporter

OCTOBER 14, 2024

Supreme Court returns to the bench on October 7, 2024. The term refers guns that are assembled in parts and, therefore, difficult to trace by law enforcement due to their lack serial numbers and transfer records. . Below is a brief summary of the other cases before the Court: Royal Canin U.S.A., 1983 in state court.”

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Constitutional Law Reporter

APRIL 25, 2024

Supreme Court held that Yonas Fikre’s lawsuit against the FBI is not moot. Accordingly, his suit alleging that the government placed him on the No Fly List unlawfully may proceed in the lower courts. The district court agreed with the government, but the Ninth Circuit Court of Appeals reversed.

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