JURIST

AUGUST 19, 2021

The Indian Supreme Court ruled on Wednesday that women can sit for the NDA (National Defence Academy) admission exam in a landmark interim order which will allow more women to serve in India’s armed forces.

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JURIST

FEBRUARY 19, 2024

The UN expressed concern Monday over the UK government’s action to make the Rwanda deal operational. ” He warned of the negative human rights implications, stating: The combined effects of this bill, attempting to shield Government action from standard legal scrutiny, directly undercut basic human rights principles. .”

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JURIST

APRIL 19, 2022

The US Supreme Court heard oral arguments on Monday in Siegle v. The District Court ruled in the Circuit City trustee’s favor, and the US Court of Appeals for the Fourth Circuit reversed and remanded the case. Fitzgerald and United States v. Washington.

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Constitutional Law Reporter

JUNE 22, 2021

Supreme Court unanimously held that a tribal police officer has the authority to detain temporarily and to search non-Indian persons traveling on public rights-of-way running through a reservation for potential violations of state or federal law. The District Court granted Cooley’s motion to suppress the drug evidence.

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Constitutional Law Reporter

FEBRUARY 23, 2021

Supreme Court held that Germany was entitled to State immunity in a lawsuit seeking compensation for the forced sale of medieval art known as the “Welfenschatz” during the rise of Nazi Germany. After unsuccessfully seeking compensation in Germany, the heirs brought several common law property claims in U.S. Supreme Court’s Decision.

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JURIST

FEBRUARY 14, 2023

On Monday tens of thousands of Israeli citizens filled trains, buses and roads to the brim on their way to Jerusalem to take part in one of the biggest rallies the new Israeli government of Benjamin Netanyahu has seen since announcing its radical judicial reform. I went with them.

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Constitutional Law Reporter

AUGUST 2, 2021

Supreme Court struck down a California law requiring charitable organizations to disclose the names and addresses of their major donors. According to the majority, the disclosure law ran afoul of the First Amendment. Supreme Court’s Decision. Bonta, 594 U.S. _ (2021) , a divided U.S.

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JonathanTurley

SEPTEMBER 30, 2021

government is liable for wrongfully arresting six people between 2012 and 2014 for violating its ban on carrying handguns in public. It is the latest loss of the city, which continues to pass legislation that runs afoul of governing Supreme Court precedent. Lamberth issued an important decision on Wednesday that the D.C.

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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. government. Kirtz , 601 U.S. _ (2024), the U.S.

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Constitutional Law Reporter

MARCH 9, 2021

S. _ (2021), the Supreme Court ruled that the Federal Tort Claims Act barred college student James King’s claims of police brutality. The Court unanimously held that the district court’s dismissal of King’s claims under the FTCA triggered the “judgment bar” in 28 U.S.C. In Brownback v.

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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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The Crime Report

JULY 6, 2022

Applying the regulatory approach used in the “free-world” has significant advantages over constitutional law in mitigating abusive conditions in prisons and jails, according to a paper published in the Yale Law Journal. Constitutional law does not fill the gap,” Littman writes. “[It

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JonathanTurley

OCTOBER 7, 2022

I previously wrote about the latest New York gun law passed after the Court’s ruling in New York State Rifle and Pistol Association v. Suddaby issued a temporary restraining order against a substantial part of the law, including barring the provisions previously discussed as presumptively unconstitutional.

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JonathanTurley

JUNE 12, 2022

The NLRB quickly dismissed objections about compelled speech by the company if the government were to order the company to allow such political and social expression in the workplace. The Supreme Court has pushed back on federal agencies trying to regulate speech. In 2017, in Matal v.

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JonathanTurley

SEPTEMBER 9, 2021

There is an interesting ruling this week out of New York where a federal court has ruled in favor of a conservative student group alleging that the State University of New York at Binghamton has engaged in a pattern of censorship of conservative speakers and events. We previously discussed the controversy. See also id.,

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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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JonathanTurley

JANUARY 17, 2024

Today, the Supreme Court will hear two of the most important cases of the term. At issue is the continued meaning (or even viability) of the Chevron doctrine, the 40-year-old doctrine granting deference to federal agencies in regulations carrying out federal laws. In 1984, the Supreme Court ruled in Chevron U.S.A.

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Constitutional Law Reporter

APRIL 26, 2021

Supreme Court ruled in Tandon v. Accordingly, the Court granted an injunction pending disposition of the appeal in the Ninth Circuit Court of Appeals. The trial court denied the motion for preliminary injunction. The plaintiffs sought relief from the Supreme Court, asking it to grant an injunction.

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JonathanTurley

MARCH 22, 2021

University of San Diego Law Professor Thomas Smith has been put under investigation for the use of an offensive term in a column criticizing the Chinese government and its role in the pandemic. It is clear a reference not to the Chinese people but the Chinese government. To be clear, I was referring to the Chinese government.”.

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SCOTUSBlog

MARCH 7, 2022

Share The Supreme Court on Monday refused to block orders by courts in North Carolina and Pennsylvania that threw out the congressional maps enacted by the states’ Republican legislatures and replaced them with maps drawn by the trial courts. 23, the state supreme court refused to put the expert’s map on hold.

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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 9, 2021

There is an interesting First Amendment case brewing in New York after an appellate ruled that a mother identified as Christie could lose custody of her daughter unless she removes a rock with a small confederate flag image on it in the driveway. The lower court rejected demands for sole custody of both parents.

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ClimateChange-ClimateLaw

APRIL 8, 2022

On February 8, 2022, the Chamber of Deputies of the Italian Republic gave its final approval to the proposed constitutional law A.C.3156-B 3156-B providing environmental protection amendments to Articles 9 and 41 of the Italian Constitution. By Riccardo Luporini, Matteo Fermeglia, and Maria Antonia Tigre. 179/2019 ).

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JonathanTurley

MAY 26, 2022

There is a controversial decision out of a French administrative court this week to suspend a policy allowing for Muslim women to wear “burkinis” in municipal pools in the city of Grenoble. The court ruled that such policies “undermin[ed] secularism.” And the first time I was very much afraid.”

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JonathanTurley

JUNE 24, 2021

While not one of the matinee cases often discussed in the press, the Supreme Court handed down a major ruling this week on takings under the Fifth Amendment. In a 6-3 decision that broke along ideological lines (a departure from a long line of unanimous or non-ideological rulings ), the court ruled in Cedar Point Nursery v.

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Constitutional Law Reporter

JUNE 25, 2024

Supreme Court ruled that the National Rifle Association (NRA) may continue its First Amendment lawsuit against the former head of New York’s Department of Financial Services. The Supreme Court also reaffirmed its holding in Bantam Books, Inc. The Supreme Court also reaffirmed its holding in Bantam Books, Inc.

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JonathanTurley

JUNE 29, 2021

As we wait for the final cases from the Supreme Court this week, Monday was confined to orders of the Court, including the granting and denial of review of cases. That is hardly news on a Court that rejects most petitions for a writ of certiorari. This week, the Mexican Supreme Court decriminalized recreational use of marijuana.

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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.

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Constitutional Law Reporter

SEPTEMBER 19, 2023

Supreme Court held that the False Claims Act’s scienter element — which asks whether a defendant “knowingly” submitted a “false” claim to the government — refers to a defendant’s knowledge and subjective beliefs — not to what an objectively reasonable person may have known or believed. SuperValu Inc. , S. _ (2023), the U.S.

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JonathanTurley

FEBRUARY 7, 2025

.” Putting aside the obvious violation of the sanctity of the confessional, it presents a novel problem for priests if they both encourage the faithful to unburden themselves while at the same time reminding them anything that they say can and will be used against them in a court of law. He then returned the goods to the victims.

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JonathanTurley

NOVEMBER 14, 2021

The statement could effectively knock out the misdemeanor gun possession count — the one count that could still be in play for the jury after the prosecution’s case on the more serious offense appeared to collapse in court. It is called the “rule of lenity” and has been around in the English system for centuries.

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JonathanTurley

FEBRUARY 13, 2023

Notably, California’s law expressly states that this money should not be treated as compensation for federal reparations. That raises the question of whether a resident could receive $5 million from San Francisco, $223,000 from the state, and additional payments from the federal government. In City of Richmond v.

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JonathanTurley

MAY 12, 2021

In a major but likely controversial victory for free speech, the United States Court of Appeals for the Fourth Circuit overturned the conviction of a retired Air Force Colonel for using a racial epithet at the shoe store on the Marine base at Quantico in Virginia. 568, 572 (1942), the Court has sharply abridged the application that exception.

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JURIST

DECEMBER 13, 2022

The Iowa District Court for Polk County Monday upheld a permanent injunction on S.F. 359 , a 2018 law restricting abortion at about six weeks, once an abdominal ultrasound can detect fetal cardiac activity. Jackson Women’s Health Organization , the US Supreme Court overturned Roe v. In Dobbs v.

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Constitutional Law Reporter

OCTOBER 7, 2024

Supreme Court held that a citizen does not have a fundamental liberty interest in her noncitizen spouse being admitted to the country. Critics of the immigration decision, including the Court’s three liberal justices, maintain that the decision chips away at the same-sex marriage rights guaranteed under Obergefell 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.” .

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JonathanTurley

OCTOBER 6, 2022

Now the United States Court of Appeals for the Fifth Circuit has upheld a lower court in ruling against DACA. The court declared: “Under the first factor, DACA’s deficiencies are severe. The district court’s excellent opinion correctly identified fundamental substantive defects in the program.

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