SCOTUSBlog

JULY 29, 2022

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. Under longstanding constitutional law, most laws survive constitutional challenges so long as the government has a “rational basis” for enacting them. Court of Appeals for the 6th Circuit affirmed.

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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 10, 2022

Supreme Court recently returned to the bench for its February sitting. The issues before the Court involved Native American law and immigration. Below is a brief summary of the cases before the Court: Denezpi v. Under the Immigration and Nationality Act ( 8 U.S.C. Ysleta del Sur Pueblo v. New York , No.

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Constitutional Law Reporter

JANUARY 30, 2023

Supreme Court has failed to discover who leaked a draft of the Court’s opinion in Dobbs v. According to the Court’s investigatory report, the Court “has to date been unable to identify a person responsible by a preponderance of the evidence.” Below is a brief summary of the issues before the Court: Perez v.

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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. In Siegel 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. Alejandro Mayorkas et al.,

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JonathanTurley

JANUARY 6, 2024

Immigration, Refugees and Citizenship Canada yanked the citizenship application after learning of the conviction under Putin’s draconian laws. Not only did she write the blogs while living in Canada, she notified Immigration, Refugees and Citizenship Canada about the charges and supplied the underlying papers to the government.

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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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JonathanTurley

FEBRUARY 13, 2023

For example, New York and numerous other cities have declared themselves to be “sanctuaries” for undocumented immigrants yet, in recent months, have protested increasing transfers of such immigrants to their jurisdiction. The cost of California’s statewide reparations is estimated to be $569 billion. In City of Richmond v.

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JonathanTurley

JUNE 9, 2023

There is nothing unlawful about conveying individuals who are lawfully in the country pending their immigration hearings. Many migrants are released soon after capture, including some without a hearing date or court dates that are years in the future. 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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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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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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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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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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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. The justices have agreed to clarify the states’ ability to challenge federal immigration policy, among other issues.

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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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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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SCOTUSBlog

APRIL 13, 2022

During his time as an associate justice from 1877 to 1911, he broke with his colleagues in some of the most consequential – and infamous – rulings that the court has ever issued. Yet his record is not unblemished: He distrusted immigrants from China and even voted to deny citizenship to their U.S.-born born children.

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JonathanTurley

SEPTEMBER 22, 2022

Indeed, I teach in torts where an immigrant to the United States filed a tort action for an involuntary inoculation upon entry in O’Brien v. Citizenship and Immigration Services (USCIS), including USCIS Form AR-11, “Alien’s Change of Address Card.” ” The lawyers are citing a brochure to support the claim of fraud.

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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. The Court ordered that. It is not clear what the Court meant by “does not prevent the federal government from taking any action with respect to that policy.” Circuit upheld the order.

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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.

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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. United States.

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Constitutional Law Reporter

JANUARY 3, 2022

Supreme Court ended its December sitting with oral arguments in Carson v. Constitution. 2246 (2020), the Supreme Court held that a state may not exclude families and schools from participating in a student-aid program because of a school’s religious status. The issue is now before the Court in Carson v.

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JonathanTurley

NOVEMBER 25, 2023

It is not clear how other factors may have affected this increase from increased immigration across the Southern border to changing economic conditions. In a related story,Carson City District Court Judge James Russell has ruled against putting a constitutional amendment on the ballot for 2024 to make abortion a constitutional right.

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JonathanTurley

APRIL 27, 2022

There is a major victory for free speech out of the United States Court of Appeals for the Eleventh Circuit this week. The appeals court overturned Presnell’s rejection of a preliminary injunction against UCF’s harassment policy and ordered the district court to consider the constitutionality of UCF’s bias response team.

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JonathanTurley

NOVEMBER 15, 2022

The move is relatively rare since the Younger abstention doctrine ordinarily shields state prosecutions from such interventions of federal courts. However, the court highlighted deep flaws in the prosecutorial case. The court expresses grave doubts that the charges were brought with “any hope of obtaining a valid conviction.”

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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.

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SCOTUSBlog

JULY 28, 2022

Share When the Supreme Court ended the constitutional right to abortion in Dobbs v. The Dobbs majority opinion was the third-longest Supreme Court opinion since the beginning of the 1946-47 term, according to our analysis. Both trends could further diminish perceptions of a collegial and productive court.

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JonathanTurley

JANUARY 17, 2023

The “ Great Replacement Theory ” was the focus of a Senate Judiciary Committee hearing last year, in which Democrats alleged that Republicans — and Fox News in particular — are “radicalizing” domestic terrorists with rhetoric opposing illegal immigration. ( I testified at the hearing).

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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).

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JonathanTurley

SEPTEMBER 22, 2023

support to Ukraine” as well as “irregular immigration.” Recently, a court found that the Biden Administration’s censorship efforts constituted “ the most massive attack against free speech in United States history. withdrawal from Afghanistan, and the nature of U.S. Those words by Chief U.S.

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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. Recently, Breyer warned against any move to expand the Supreme Court.

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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. Immigration proved to be one of the top issues for voters in this year’s election, which brought control of both houses of Congress and the White House to the GOP.

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Above The Law

MARCH 18, 2025

The move violated a court order based, in no small part, on the fact that the Enemy Aliens Act actually requires a war with or invasion by a “foreign nation or government.” There are plenty of immigrant gang members in American prisons now. ” Which, minor detail for the textualists out there, is not happening here.

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JonathanTurley

DECEMBER 17, 2021

Below is my column in The Hill on the recent bills proposed in Florida and California on immigration and guns. Newsom’s gun ‘heartbeat’ law. Newsom tapped into the liberal rage after the Supreme Court refused to enjoin the Texas law that allows people to sue anyone who “aids or abets” an abortion performed after about six weeks.

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