Constitutional Law Reporter

JANUARY 25, 2024

Supreme Court returned from recess on January 4, 2024. The Court’s January session will feature some of the Term’s biggest cases, with several testing the limit of the federal government’s regulatory power. Below is a brief summary of the issues before the Court: Federal Bureau of Investigation v. Campos-Chaves v.

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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.

Court Decisions 59

Court Decisions Court Constitutional Law Government 59

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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Immigration Legal Legal Government 58

JonathanTurley

JANUARY 6, 2023

There is an interesting free speech decision out of the United States Court of Appeals for the Ninth Circuit this week. The opinion is clearly correct on a constitutional level, but there are some troubling elements given the underlying exercise of speech under the First Amendment. The district court dismissed the case.

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Immigration Court Constitutional Law Government 57

JonathanTurley

JUNE 9, 2023

There is nothing unlawful about conveying individuals who are lawfully in the country pending their immigration hearings. Indeed, public interest groups and the federal government do so regularly, including late-night flights to various cities. The reason is that these claims are made for cable news, not courts of law.

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SCOTUSBlog

JUNE 26, 2023

Share On Friday the Supreme Court issued its decision in United States v. The question before the justices was whether a federal law that criminalizes “encouraging or inducing” an immigrant to come or remain in the United States unlawfully violates the First Amendment’s guarantee of the freedom of speech.

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JURIST

NOVEMBER 2, 2023

This comes as Pakistan Interim Interior Minister Sarfraz Bugti issued a warning last week to “illegal immigrants” living in Pakistan to voluntarily leave the country by November 1 or risk potential arrest and deportation. ” UN human rights experts Tuesday called upon Pakistan to not carry out its planned deportations.

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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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Immigration Court Rules Court Constitutional Law 52

JonathanTurley

FEBRUARY 5, 2024

Below is my column in The Hill on the worsening situation at the Southern border and how the Supreme Court laid the seeds for this crisis over a decade ago. The courts have left few options for either the states or Congress in compelling the enforcement of federal law. They have often found the courts closed to them.

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Immigration Court Government Laws 69

JonathanTurley

MARCH 28, 2024

The United States Court of Appeals for the Fifth Circuit has blocked border enforcement by the state under Texas’s SB 4. Many of us had predicted this result given the prior precedent of the Supreme Court on the federal preemption of state immigration laws. United States , 567 U.S. Instead, in The Federalist No.

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Constitutional Law Reporter

DECEMBER 19, 2022

Supreme Court heard oral arguments in four cases. United States , which involves the scope of a key federal bribery law. Below is a brief summary of the other cases before the Court: Ciminelli v. Below is a brief summary of the other cases before the Court: Ciminelli v. Last week, the U.S. United States 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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Immigration Court Rules Court Entertainment 52

Conflict of Laws

MARCH 30, 2023

Yesterday, on March 29, 2023, the German Constitutional Court published its long-awaited (and also long) decision on the German “Act to Combat Child Marriage” ( Gesetz zur Bekämpfung von Kinderehen ). 1 EGBGB ) – regardless of whether the marriage is valid under the normally applicable foreign law. That was a long time ago.

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Constitutional Law Laws Court Divorce 52

SCOTUSBlog

APRIL 13, 2022

History has vindicated John Marshall Harlan, who dissented in some of the Supreme Court’s worst decisions concerning race and limiting the scope of federal power. He was prescient in recognizing the need for a strong national government to deal with urgent issues, such as civil rights. — Erwin Chemerinsky (June 25, 2021).

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JonathanTurley

DECEMBER 27, 2022

This evening, the Supreme Court issued an order in the Title 42 case that stayed the nationwide vacatur issue by Emmet G. Title 42 allowed the federal government to deny entry to certain aliens to prevent the spread of a contagion (COVID-19). The Court ordered that. We are a court of law, not policymakers of last resort.

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Constitutional Law Reporter

JANUARY 31, 2022

The central issue before the Court in both cases is whether the vaccine mandates should be allowed to move forward while the legal challenges work their way through the lower courts. This past week, the Court heard oral arguments in four cases. Below is a brief summary of the issues before the Court: Gallardo v.

Immigration 52

Immigration Statute Tort Healthcare 52

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. United States.

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Court Rules Court Immigration Government 58

JonathanTurley

JULY 3, 2023

Alexandria Ocasio-Cortez bizarrely condemned the Supreme Court for usurping congressional authority by supporting congressional authority in the student loan case. She renewed her calls for retaliation through subpoenas, court packing, and even impeachment. She previously said that she did not understand why we needed a Supreme Court.

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Constitutional Law Reporter

MAY 17, 2022

Supreme Court has concluded its oral arguments for the October 2021 Term. Below is a brief summary of the cases before the Court: Nance v. Below is a brief summary of the cases before the Court: Nance v. On remand, the lower courts found that Kennedy lost his job solely because of his religious expression. In Bucklew v.

Immigration 52

Immigration Court Constitutional Law Legal 52

JonathanTurley

SEPTEMBER 22, 2023

We previously discussed the defunct Disinformation Governance Boar d and its controversial head Nina Jankowicz. support to Ukraine” as well as “irregular immigration.” The public should know the range of subjects and claimed authority of these government programs. Those words by Chief U.S.

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Above The Law

MAY 20, 2025

DHS Secretary Kristi Noem appeared before the Senate Homeland Security committee amidst a looming constitutional crisis. ” Because Maggie Hassan has a law degree, unlike Noem or Miller. Perhaps it’s a problem that the most immediately pressing question of constitutional law is being managed by a pair of non-lawyers.

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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. In Patel v. 1252(a)(2).

Immigration 52

Immigration Court Statute Government 52

JonathanTurley

JUNE 1, 2021

Photograph by Fred Schilling, Collection of the Supreme Court of the United States. Today the Supreme Court issued two more unanimous decisions in Garland v. The weekly display of unanimity is notable given the calls by Democratic leaders to pack the Court. government to remediate environmental pollution on the island.

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Court Immigration Court Rules Government 61

Above The Law

MARCH 18, 2025

The federal government took a couple hundred alleged gang members that they haven’t been able to actually convict of anything and sold them to a slave labor camp in El Salvador. It should go without saying that the government shouldn’t imprison people — here or abroad — without any evidence of criminality.

Legal 143

Legal Legal Government Immigration 143

JonathanTurley

DECEMBER 10, 2024

Below is my column in USA Today on states and cities joining the “resistance” to the Trump Administration and its immigration policies. That moment soon passed, however, as lawyers apparently explained to the mayor that armed resistance to the federal government is often called wait for it insurrection.

Immigration 66

Immigration Government Felony Healthcare 66

JonathanTurley

MAY 20, 2025

From Democratic members of Congress to judges to city council members, officials claim that their official duties include obstructing the official functions of the federal government. Tim Walz called the “ modern-day Gestapo ” of the Immigration and Customs Enforcement (ICE). The latest claimant of this license is Rep.

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Immigration Criminal Law Felony Government 78

The Volokh Conspiracy

JUNE 21, 2025

Subscribe Δ NEXT: Chief Justice Roberts and Justice Gorsuch Walk Back Bostock Josh Blackman is a constitutional law professor at the South Texas College of Law Houston and the President of the Harlan Institute. Johnson is decided. Start your day with Reason. Follow him @JoshMBlackman. Selling It Helps Rural Communities.

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Court Immigration Constitutional Law Government 55

JonathanTurley

JUNE 28, 2025

It was a hyperventilated opinion better suited to a cable program than a Court opinion. It could indicate a certain exasperation with histrionics coming from the left of the Court in recent years. However, it was the departure of the normally staid court analysis that attracted the most attention. Yet Friday’s Trump v.

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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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Stare Decisis Court Laws Statute 101

JURIST

MARCH 12, 2025

The plaintiffs constitute 18 US states, including Massachusetts, while the defendants are Trump among other government officials. The district court previously granted the plaintiffs a preliminary injunction, which prevents the order from taking effect until the plaintiff’s claim is heard.

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Government Constitutional Law Court Laws 252

JonathanTurley

JULY 9, 2022

Below is my column in the Hill on the effort to declare an “invasion” along the Texas border to allow the state to take greater control along the border to stem the flow of illegal immigrants. Greg Abbott signed an order allowing Texas law enforcement to return illegal immigrants apprehended in the state back to the U.S.

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Above The Law

JUNE 11, 2025

Because, you know, they’re holding someone, domestically, so they can face enforcement… for some sort of law that’s been violated. “Domestic law enforcement,” if you will. The Supreme Court already agreed that a president sending SEAL Team 6 to assassinate a political rival was legal. Just kidding.

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Government Sports Laws Legal 122

Above The Law

MAY 5, 2025

Thanks to excellent reporting from David Lat in his Substack newsletter Original Jurisdiction , we have a photo essay documenting the NYC Rally for the Rule of Law that makes you almost feel like you were there. The Court is not a cartoon.Read more here (gift link). #4 4 Trumps Big Law Deals Spell Out Broad Enforcement Terms.

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Lawyer Lawyers Legal Legal 84

JonathanTurley

MAY 22, 2023

It is reminiscent of when Democrats applauded wildly when President Barack Obama told them that he was going to circumvent Congress entirely after it refused to approve his immigration and environmental legislation. Courts have long left it to the political branches to work out such differences in what is often a game of chicken with default.

Constitutional Law 59

Constitutional Law Government Laws Immigration 59

JonathanTurley

JANUARY 10, 2024

Such releases, however, occurred in prior administrations and the merits of these claims are still being argued in court. The courts have long recognized that presidents are allowed to establish priorities in the enforcement of federal laws, even when those priorities tend to lower enforcement for certain groups or areas.

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Misdemeanor Immigration Tort Laws 55

JonathanTurley

SEPTEMBER 10, 2021

In the law, it is called an admission against interest or an out-of-court statement by a party that, when uttered, is against the party’s pecuniary, proprietary, or penal interests. The problem is that the thing being “worked around” is the Constitution. In politics, it is called just dumb.

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Litigation Litigating Immigration Legal 59

JonathanTurley

AUGUST 27, 2021

The Biden Administration has racked up a long line of losses in federal courts in what is one of the worst records in the first six months of any modern presidency. This week the Supreme Court ruled 6-3 to strike down President Biden’s renewal of the controversial eviction moratorium. The latest is one of the most disturbing.

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