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

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

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

JUNE 1, 2023

Supreme Court held that death row inmate Rodney Reed did not wait too long to seek DNA testing of the evidence in his case. According to the Court majority, when a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations for a 42 U.S.C.

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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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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

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 1, 2023

Supreme Court held that the Quiet Title Act’s statute of limitations is a claim-processing rule rather than a bright-line rule that constrains a court’s jurisdiction. Justice Sonia Sotomayor wrote on behalf of the Court. Supreme Court’s Decision The Supreme Court reversed by a vote of 6-3.

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Constitutional Law Reporter

FEBRUARY 16, 2023

Supreme Court issued its first opinion of the 2022-2023 Term. S. _ (2023), a unanimous Court held that the effective date of an award of service-related disability compensation to a veteran of the United States military determined pursuant to 38 U.S.C. §§ 5110(a)(1) and 5110(b)(1) is not subject to equitable tolling. In Arellano v.

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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

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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Conflict of Laws

DECEMBER 21, 2023

SYMPOSIUM: Fundamental Rights and Private International Law Ralf Michaels: Einleitung zum Symposium: Grundrechte und IPR im Lichte der Entscheidung des Bundesverfassungsgerichts zum Kinderehenbekämpfungsgesetz, 707–713, DOI: [link] [Open Access: CC BY-SA 4.0] These questions invite further inquiry and academic exchange.

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Constitutional Law Reporter

JULY 6, 2023

Supreme Court narrowed the scope of a federal aggravated identity theft statute. The issue before the Court was whether, in defrauding Medicaid, he also committed “[a]ggravated identity theft” under 18 U.S.C. Supreme Court’s Decision The Supreme Court sided with Durbin. In Durbin v. 1028A(a)(1).

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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

MAY 21, 2024

Supreme Court unanimously held that an employee challenging a job transfer under Title VII of the Civil Rights Act of 1964 must show that the transfer brought about some harm with respect to an identifiable term or condition of employment, but that harm need not be significant. The District Court granted the City summary judgment.

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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

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.” 1231(a)(2) ).

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Constitutional Law Reporter

AUGUST 2, 2023

Supreme Court struck down the Biden Administration’s student loan forgiveness program. The district court denied the States’ motion for a preliminary injunction and dismissed the case for lack of jurisdiction after determining none of the States had standing to bring the lawsuit. In Biden v. Nebraska , 600 U.S. _ (2023), the U.S.

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JonathanTurley

FEBRUARY 7, 2023

Judge Colleen Kollar-Kotelly in the District Court for the District of Columbia has caused a bit of a stir after a hearing in a criminal case where she called for briefing on the alternative grounds for the right to an abortion. The theory runs against the text, history, and case law of the Thirteenth Amendment. 1359, 1365–66 (1992).

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Constitutional Law Reporter

JULY 25, 2023

Supreme Court held that the First Amendment prohibits Colorado from forcing a website designer to create expressive designs speaking messages with which the designer disagrees. The law defines “public accommodation” broadly to include almost every public-facing business in the State. The Tenth Circuit Court of Appeals affirmed.

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JonathanTurley

MAY 25, 2021

We have been discussing the state laws requiring contractors and employees to swear that they do not support the the Boycott, Divestment, Sanctions (“BDS”) movement against Israel. I have long maintained that the law is unconstitutional as a limitation of free speech and associational rights. In NAACP v. Recently, the U.S.

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Constitutional Law Reporter

JUNE 9, 2022

Supreme Court held that federal courts lack jurisdiction to review facts found as part of any judgment relating to the granting of discretionary relief in immigration proceedings enumerated under 8 U.S.C. 1255 , which would have made Patel and his wife lawful permanent residents. Majority Decision. In Patel v.

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JonathanTurley

NOVEMBER 12, 2021

Courts like the United States Court of Appeals for the Fifth Circuit are facing a novel use of workplace regulations in an admitted effort to circumvent constitutional limitations. Klain’s confidence may run into serious constitutional doubts in the courts, however. The question is whether it will work.

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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 Supreme Court reversed an intermediate appellate court’s decision affirming a superior court determination that the defendant could not present a necessity defense.

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JonathanTurley

JULY 12, 2022

In a series of tweets this week, Professor Heidi Li Feldman has denounced “lawless” and “actively rogue” Supreme Court justices and professors who disagree with her views on the Constitution. She has called for “genuine” law professors not to fall “into complicity with lawlessness” in teaching such subjects. HeidiLiFeldman.

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SCOTUSBlog

NOVEMBER 30, 2021

Numerous groups attack the viability standard that the court adopted in Roe v. Many amici focus on the principle of stare decisis – and urge the court not to follow it in this case. They say Roe and Casey are not worthy of the deference that the court typically affords to its prior decisions. The viability framework.

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