Above The Law

DECEMBER 28, 2022

The majority of the Supreme Court is once again shifting their interpretation of the law in order to support right-wing political objectives! A Maricopa County Superior Court found Lake was responsible for the ~$33,000 in expert witness fees AZ Governor-Elect Katie Hobbs incurred. appeared first on Above the Law.

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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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LLRX

MAY 30, 2022

Wade has been settled law during her entire career. In this article Biehl succinctly and expertly identifies how the upcoming Supreme Court decision in Dobbs V. Kathy Biehl is a lawyer licensed in two states, as well as a prolific multidisciplinary author and writer.

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Constitutional Law Reporter

DECEMBER 2, 2024

Supreme Court has agreed to consider a closely watched Louisiana redistricting dispute involving a map that created a second majority-Black congressional district in the state. Lower Courts Decision A majority of a three-judge court sitting in the Western District of Louisiana enjoined SB 8 as an unconstitutional racial gerrymander.

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Constitutional Law Reporter

JUNE 10, 2024

Supreme Court upheld the funding scheme that supports the Consumer Financial Protection Bureau (CFPB or Bureau). Facts of the Case The case centers on the Constitution’s Appropriation Clause, which commands that “[n]o Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law. of America, Ltd.,

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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

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

JANUARY 19, 2023

Supreme Court agreed to keep the federal government’s Title 42 policy in place while legal challenges continue. By a vote of 5-4, the justices stayed a lower court decision that would have lifted the policy on December 21, 2022. Circuit Court of Appeals denied the States’ motion. In Arizona et al.

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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

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

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

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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JonathanTurley

AUGUST 11, 2021

Last night, the Texas Supreme Court lifted the temporary restraining order. The decision has not only exposed the Democrats to arrest but it has exposed another claim of bias against the PolitiFact, which lambasted Sen. This is because no Texas court has reviewed how this provision is to be enforced. It is unlikely to do so.

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Constitutional Law Reporter

JUNE 17, 2022

Supreme Court held that the authority of a court to imply a cause of action under Bivens v. While the Court did not overrule Bivens , it did emphasize that recognizing a Bivens cause of action is “a disfavored judicial activity.”. The District Court declined to extend Bivens as re- quested, but the Court of Appeals reversed.

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Constitutional Law Reporter

MARCH 20, 2025

Supreme Court held that alleging commingling of funds alone cannot satisfy the commercial nexus requirement of the expropriation exception of the Foreign Sovereign Immunities Act of 1976 (FSIA). The Courts decision was unanimous. Circuit Court of Appeals affirmed. Supreme Courts Decision The Supreme Court disagreed.

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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

MARCH 26, 2025

Supreme Court again limited the Environmental Protection Agencys (EPA) power under the Clean Water Act (CWA). According to the Courts five-member majority, the EPA cant enforce requirements in wastewater permits that do not spell out what a permittee must do or refrain from doing. In City and County of San Francisco v.

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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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JonathanTurley

MAY 9, 2021

The child is of mixed races and the court has deemed the display as inimical to the best interests of the child. The family court judge did not make such a determination and the ruling raises a very serious free speech concern over conditioning a right to custody on the curtailment of political speech.

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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 19, 2024

Supreme Court held that the lower court erred in finding that a South Carolina congressional district was an unconstitutional racial gerrymander. The Court, which was divided along ideological lines, also set a high bar for challengers to meet in future gerrymandering cases. In Alexander v.

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