JonathanTurley

JULY 23, 2022

As various states move to pass controversial new gun control laws after the decision in New York State Rifle & Pistol Association v. Bruen, one such law was just enjoined by a federal court in Colorado. Superior , District Judge Raymond P. The Court held in District of Columbia v.

Court 53

Court Laws Constitutional Law 53

JonathanTurley

NOVEMBER 4, 2021

We have been discussing ( here and here and here ) the Supreme Court challenge in New York State Rifle & Pistol Association Inc. Bruen , the first Second Amendment case before the Supreme Court in over ten years. In 2008, the Supreme Court recognized the right to bear arms as an individual right in District of Columbia v.

Court 50

Court Laws Court Rules Constitutional Law 50

Constitutional Law Reporter

MARCH 4, 2025

Supreme Court closed out its January sitting with oral arguments in four cases. The issues before the justices ranged from where a vape company can bring suit against the FDA to whether courts should apply the moment of the threat doctrine when evaluating an excessive force claim under the Fourth Amendment. Reynolds Vapor Co.:

Manufacturing 52

Manufacturing Court Constitutional Law Statute 52

JonathanTurley

OCTOBER 2, 2023

Prosecutions for violation of the provisions of this subsection shall be on information filed in the Superior Court of the District of Columbia by the Office of the Attorney General for the District of Columbia. (a-1) False alarms and false reports; hoax weapons. (a)

Misdemeanor 46

Misdemeanor Attorney Felony Constitutional Law 46

JonathanTurley

MARCH 19, 2024

After triggering a court fight, Grisham backed down and scaled down her order to ban concealed weapons in parks and playgrounds. District Kea W. Now, the United States Court of Appeals for the Tenth Circuit has rejected her bid to lift that injunction in a key decision on appeal. The park ban was enjoined by U.S.

Education 58

Education Entertainment Sports Court 58

JonathanTurley

OCTOBER 18, 2021

Bruen, the first major gun rights case before the Supreme Court in ten years. Justices have been openly discussing a case to push back on lower courts that have been chipping away at its Second Amendment jurisprudence. The court will soon take up New York State Rifle & Pistol Association Inc. Penal Law § 400.00(2)(f)

Court 55

Court Litigating Litigation Laws 55

JonathanTurley

NOVEMBER 2, 2021

On Wednesday, the Supreme Court will take up arguably the oldest and most controversial right in our history. Bruen is the first major gun rights case in over ten years to come before the Supreme Court and it has the makings of a major gun rights victory in the making. Penal Law § 400.00(2)(f) New York State Rifle Association v.

Court 56

Court Laws Court Rules Constitutional Law 56

Constitutional Law Reporter

DECEMBER 11, 2023

Supreme Court continues to add high-profile gun rights cases to its docket. The second case centers on whether a “bump stock” – an attachment that converts a semiautomatic rifle into a fully automatic weapon – qualifies as a “machinegun” under federal law. Supreme Court granted certiorari on November 3, 2023. It continues today.”

Court 52

Court Constitutional Law Government Laws 52

JonathanTurley

JUNE 1, 2022

While there are good-faith objections to how the Second Amendment has been interpreted, the current case law makes such bans very difficult to defend. In 2008, the Supreme Court handed down a landmark ruling in District of Columbia v.

Laws 11

Laws Constitutional Law Court 11

JonathanTurley

OCTOBER 12, 2021

I recently discussed the Supreme Court’s affirmance of a decision rejecting constitutional arguments that the District of Columbia is entitled to a vote in Congress. I have repeatedly testified and written on the constitutional barriers to such a vote absent statehood.

Litigating 31

Litigating Litigation Legal Legal 31

JonathanTurley

MARCH 10, 2022

The case came before the court after the district court granted summary judgment, on qualified immunity grounds, in favor of Las Vegas Metropolitan Police Department Detective Christopher Tucker. Bartlett (2019) [the relevant Supreme Court precedent -EV]. District of Columbia v. Notably, in Ballentine v.

Statute 8

Statute Court Laws Constitutional Law 8

JURIST

AUGUST 16, 2023

The US Court of Appeals for the District of Columbia Circuit on Tuesday reversed the dismissal of a lawsuit against the District of Columbia alleging that it selectively enforced its defacement ordinance against anti-abortion protesters but not Black Lives Matter (BLM) protesters in the summer of 2020.

Cause of Action 197

Cause of Action Court Constitutional Law Government 197

Constitutional Law Reporter

SEPTEMBER 22, 2021

Supreme Court struck down the federal government’s ban on evictions, which was scheduled to last until October 3, 2021. In an unsigned opinion, the divided Court held that the Centers for Disease Control and Prevention (CDC) exceeded its existing statutory authority by issuing a nationwide eviction moratorium. Facts of the Case.

Court 105

Court Statute Constitutional Law Government 105

JonathanTurley

SEPTEMBER 9, 2023

It could also be a calculated effort to evade a ruling by making the period of suspension so short that it becomes moot before any final decision is reached by a court. In any case, it make it less likely that the case can be taken to the Supreme Court or even through the federal court system. It is, however, too clever by half.

Drafting 87

Drafting Government Court Laws 87

JonathanTurley

JULY 26, 2024

Under the post- Bruen jurisprudence, it will be difficult for the District to show historical support for limiting gun rights to on-body-carry situations. While the District is citing a contemporary New Jersey law, that is not quite the historical support that the Court has previously demanded. District of Columbia et.al.

Drafting 65

Drafting Government Court Laws 65

Constitutional Law Reporter

JUNE 3, 2022

Supreme Court. Jackson will replace Justice Stephen Breyer who is set to retire when the Court’s term ends this summer. While Jackson’s confirmation will not shift the balance of the Court, it will make the Court more diverse and more reflective of the country. Jackson is also the Court’s sixth female justice.

Law School 52

Law School Court Criminal Law Constitutional Law 52

JonathanTurley

APRIL 19, 2021

A vote is expected on Thursday in the House for granting the District of Columbia full statehood. The bill will reach the floor without a discussion of the alternative options to securing full voting rights for the district. I have long maintained that the district’s non-voting status is unacceptable and should change.

Education 85

Education Manufacturing Constitutional Law Lawyer 85

JonathanTurley

FEBRUARY 9, 2024

It has been 65 years since Hawaii became a state, but the Hawaiian Supreme Court appears to be having second thoughts. In an extraordinary ruling, the unanimous Supreme Court rejected the holdings of the United States Supreme Court on the Second Amendment as inapplicable to the 50th state. On Wednesday, in State v.

Court 66

Court Laws Statute Technology 66

Constitutional Law Reporter

NOVEMBER 18, 2021

Supreme Court recently sided with police in two excessive force lawsuits asserting qualified immunity. The Court decided the cases summarily, without briefing or oral arguments. The District Court granted summary judgment to Rivas-Villegas, but the Court of Appeals for the Ninth Circuit reversed. 3d 947 (CA9 2000).

Court 64

Court Laws Constitutional Law Government 64

JonathanTurley

OCTOBER 5, 2021

The United States Supreme Court affirmed the decision of the United States Court of Appeals for the District of Columbia (and the later denial of a motion for consideration ) in rejecting the much touted lawsuit to give residents a vote in Congress. I have written about D.C. residents a vote.

Court 40

Court Court Reporting Education Court Reporter 40

JonathanTurley

JUNE 4, 2022

That includes the possible loss before the Supreme Court in a pending major gun rights case. The age limit could pass constitutional muster despite the opposing ruling in California. There will obviously be challenges and courts will ask why this individual right should be denied to 18-20 year olds.

Litigation 48

Litigation Litigating Laws Court 48

JonathanTurley

DECEMBER 29, 2023

Now, a filing in the Supreme Court supporting censorship efforts by the Biden Administration has supplied a handy list of the anti-free speech states for citizens. Not surprisingly, the state of California is leading the effort to get the Supreme Court to reverse a decision enjoining the government from censorship efforts.

Government 82

Government Attorney Court Constitutional Law 82

JonathanTurley

SEPTEMBER 13, 2024

The United States Court of Appeals for the Sixth Circuit handed down a major victory for free speech this week in favor of a professor challenging his treatment by the University of Louisville. The district court correctly rejected that claim and the Sixth Circuit just affirmed that denial. ” District of Columbia v.

Education 64

Education Court Laws Government 64

JonathanTurley

OCTOBER 25, 2021

The problem is that the courts already recognize some religious exemption arguments. Those arguments are based on both the constitutional protection of religious values but also laws like Title VII of the Civil Rights Act, 42 U.S.C. There is a move in many states to refuse to allow such exemptions, but courts have pushed back.

Government 55

Government Court Laws Law School 55

JonathanTurley

JUNE 30, 2021

Bill Cosby is a free man after the Pennsylvania Supreme Court overturned the conviction that sent him to jail roughly three years ago to serve 3-10 years for sexual assault. He proceeded to incriminate himself in what the Court said was a bait-and-switch. The court yielded to prosecutorial demands that were facially unconstitutional.

Tort 58

Tort Depositions Laws Statute 58

JonathanTurley

MAY 27, 2022

Efforts to ban this model already have failed in the courts on constitutional grounds, though litigation is continuing on that issue. In 2008, the Supreme Court handed down a landmark ruling in District of Columbia v. That is why laws to ban or curtail sales of the AR-15 run into constitutional barriers.

Laws 11

Laws Court Litigating Litigation 11

JonathanTurley

OCTOBER 3, 2021

This week, the Supreme Court will again assemble for a new term and pundits and politicians are already handicapping the cases. This term however has more drama and tension as Democrats call for packing the Court with an instant liberal majority and others attack its members in anticipation of opinions that have yet to be written.

Court 51

Court Court Rules Laws Education 51

JonathanTurley

JULY 17, 2022

Bruen was one of the most significant victories for the Second Amendment in the history of the Supreme Court. District of Columbia that the Second Amendment was “neither a regulatory straightjacket nor a regulatory blank check.” The recent decision in New York State Rifle & Pistol Association, Inc.

Education 54

Education Entertainment Sports Government 54

JonathanTurley

MAY 4, 2022

I’m no Supreme Court justice, I’m not a good enough liar.” pressed him on whether Roe is “settled law,” Alito responded again by stating the obvious: “Roe v. Wade is an important precedent of the Supreme Court. That is about as earthshaking as saying he accepts that the Supreme Court sits in Washington.

Stare Decisis 11

Stare Decisis Drafting Court Laws 11

Constitutional Law Reporter

NOVEMBER 29, 2021

Below is a brief summary of the cases before the Court: Unicolors, Inc v. The specific question before the Court is “[w]hether the U.S. Court of Appeals for the 9th Circuit erred in breaking with its own prior precedent and the findings of other circuits and the Copyright Office in holding that 17 U.S.C. § ” Ramirez v.

Government 59

Government Constitutional Law Court Attorney 59

JonathanTurley

DECEMBER 19, 2021

In 2008, the District of Columbia in 2008 brought us District of Columbia v. City of Chicago , in which the Court declared that that right is incorporated against state and local government. The Court was not amused by New York’s gaming the judicial system. In 2010, Chicago brought us McDonald v.

Manufacturing 36

Manufacturing Laws Litigating Litigation 36

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.

Court 57

Court Laws Statute Contract 57

JonathanTurley

APRIL 18, 2023

Courts likely would press the Biden administration on why it is seeking to ban this model when other higher-caliber weapons are sold. Moreover, the earlier ban was imposed in 1994 — before the Supreme Court ruled in District of Columbia v. In the past, politicians in cities like New York, Chicago and Washington, D.C.,

Court Rules 58

Court Rules Litigating Litigation Court 58

JonathanTurley

FEBRUARY 4, 2023

There is a major ruling this week in the United States Court of Appeals for the Fifth Circuit where a three-judge panel ruled unanimously in United States v. See District of Columbia v. Rahimi that the federal bar on gun possession for individuals under a domestic violence restraining order violates the Second Amendment.

Felony 43

Felony Court Statute Government 43

JonathanTurley

JANUARY 28, 2021

Biden just unveiled another proposal with heavy public opposition: a commission that would allow court-packing or other structural changes on the Court to blunt the conservative majority. statehood is a complex issue with historical, constitutional, and legal dimensions. The debate over D.C.

Education 58

Education Court Legal Legal 58

JonathanTurley

AUGUST 16, 2021

Last week, a federal court did something that would seem not just counterintuitive but impossible under our legal system: it upheld an agency order despite the clear lack of authority to issue it. The order – to renew a moratorium on evictions – is a constitutional zombie that is neither alive nor dead. But the Court’s hands are tied.

Legal 58

Legal Legal Court Laws 58

JonathanTurley

JUNE 5, 2021

Gavin Newsom opposed the decision of the Supreme Court in 2008 in District of Columbia v. The court has repeatedly reaffirmed that landmark decision. Benitez addresses the test for such laws and holds that the state does not come close to satisfying its burden. These are difficult policies and difficult cases.

Court 58

Court Laws Manufacturing Court Rules 58