The Volokh Conspiracy

JUNE 9, 2025

This coming Thursday, June 12th, the Court will decide whether to grant certiorari (or whether to request a response) to the Institute for Justice's petition for certiorari in Thomas v. The Bill of Rights was originally enacted in 1791 to constrain Congress; protections against state overreach were left to state constitutions.

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SCOTUSBlog

JULY 7, 2025

Brothers in Law is a recurring series by Professors Akhil and Vikram Amar. For more content from Akhil and Vikram, please see Akhil’s free weekly podcast, “ Amarica’s Constitution ,” and Vikram’s regular columns on Justia. Every justice takes an oath to support the Constitution itself as the supreme law of the land.

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The Volokh Conspiracy

JUNE 17, 2025

A key portion of the article summarizes a preliminary analysis of Justice Barrett's voting record over her first three-and-a-half terms on the Court. As longtime readers know, I believe Court watchers place too much weight on individual terms, none of which (in isolation) is ever representative of the Court's overall work.

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The Volokh Conspiracy

JUNE 12, 2025

Virginia decided. Subscribe Δ NEXT: Wednesday Open Thread Josh Blackman is a constitutional law professor at the South Texas College of Law Houston and the President of the Harlan Institute. The Supreme Court Just Revived Their Lawsuit. Start your day with Reason. Follow him @JoshMBlackman.

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Above The Law

JULY 16, 2025

Or that he engaged in a years-long flame war with one of those victims, the late Virginia Giuffre, and her lawyer, David Boies. I know things that court orders won’t allow me to disclose,” he vamps in the subhed. They should be disclosed but the courts have ordered them sealed. Sadly, it was not meant to be.

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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. United States 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. Norfolk Southern Railway Co. ,

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JonathanTurley

APRIL 15, 2022

Below is my column in the Hill on the litigation over the new admissions policy at the elite Thomas Jefferson High School in Fairfax, Virginia. Notably, this week, the board defended its policy before the Supreme Court by insisting that it was not “race balancing” and that the new policy is entirely “race neutral.”

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JonathanTurley

MAY 5, 2021

The lawsuit of Virginia Tech student Kierstien Hening begins with a simple statement: “Kierstien Hening refused to kneel.” As a state school, Virginia Tech is subject to the limitations imposed on the government under the First Amendment. A Virginia professor had to take a leave of absence after criticizing BLM.

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JonathanTurley

MAY 30, 2021

Cross is a teacher who is expected to follow these policies and most courts would likely support the school in mandating such compliance. A court could ask if there is any “give” in this language. Indeed, if Cross is fired, such questions could be soon before a court. There may be room for compromise.

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JonathanTurley

JULY 3, 2022

In a rare move, Supreme Court Marshal Gail Curley has sent letters to Maryland Gov. Larry Hogan, Montgomery County Executive Marc Elrich, and Virginia Gov. The letter seeks to use state laws to achieve what the Justice Department has clearly rejected under federal law. Under a federal law, 18 U.S.C.

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Constitutional Law Reporter

MARCH 5, 2024

Supreme Court heard oral arguments in four cases last week. While the case centers on the EPA’s regulation of interstate air pollution under the Clean Air Act, the issues before the Court are largely procedural. The Fifth Circuit Court of Appeals denied the motions to stay and the States appealed to the Supreme Court.

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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)

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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.

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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. Bartow was charged under Virginia Code § 18.2-416,

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JonathanTurley

APRIL 14, 2022

.'” Captain Jack Sparrow’s clarification in the movie Pirates of the Caribbean could prove useful when actor Johnny Depp takes the stand in his defamation case in Fairfax, Virginia against his former wife, Amber Heard. ” He is now trying his hand with a Virginia jury. In New York Times v.

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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. I was delighted when he accepted.

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JonathanTurley

JUNE 12, 2021

fn41] Whoever examines the forest, and game laws in the British code, will readily perceive that the right of keeping arms is effectually taken away from the people of England. The right of self defence is the first law of nature: in most governments it has been the study of rulers to confine this right within the narrowest limits possible.

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SCOTUSBlog

APRIL 14, 2021

Both reshaped American law and society. But only one can be chosen by SCOTUSblog readers as the greatest justice in the court’s history. Ask any constitutional law student to name the most iconic Supreme Court decision, and they’ll probably answer Marbury v. It’s time for Marshall vs. Warren. Board of Education.

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JURIST

MAY 27, 2024

JP Leskovich is a rising 3L at the University of Pittsburgh School of Law and JURIST’s News Managing Editor. This is the third in a series of dispatches he’s filed as an embedded reporter for JURIST at the Model Constitutional Convention sponsored by the Center for Constitutional Design at ASU Law.

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SCOTUSBlog

NOVEMBER 2, 2022

Share On Tuesday, the court heard argument in Jones v. Two decades into his prison term, the Supreme Court decided in Rehaif v. 2255 , which funneled challenges to federal convictions and sentences into a “motion to vacate” before the sentencing court. 922(g) and sentenced to more than 27 years’ incarceration. . §

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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. ” Obviously, this decision would not impact D.C.

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Constitutional Law Reporter

FEBRUARY 27, 2023

Supreme Court recently granted certiorari in Counterman v. 723 (2015), but ultimately decided the case before reaching the constitutional issue. She subsequently reported Counterman to law enforcement. The Colorado Court of Appeals affirmed the conviction. In Virginia v. United States , 575 U.S. Black , 538 U.S.

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LexForti

JULY 26, 2021

In another more recent case, a complaint was launched against actor Amitabh Bachchan for singing the national anthem for 1 min 22 sec instead of the 52 seconds as prescribed by our law. This research paper also focuses on the directions of the Supreme Court in Shyam Narayan Chouksey v. But they are not laws.

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JonathanTurley

APRIL 19, 2021

Originally, the district was designed to be a diamond-shaped “federal city” composed of land ceded equally from Maryland and Virginia. They would instantly become part of a larger state with greater resources and greater success in areas ranging from education to courts to infrastructure.

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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

FEBRUARY 27, 2022

We recently discussed controversies on r ace criteria from college admissions cases pending before the Supreme Court to the threshold criteria used by President Joe Biden for his Supreme Court nominee. Now, a federal district court in Northern Virginia has handed down a major decision in Coalition for TJ v.

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JonathanTurley

AUGUST 3, 2021

The Supreme Court has also recognized a right to movement in cases like In Paul v. Virginia , 75 U.S. However, the argument that appearing in public is not a right but a privilege ignores how a myriad of related rights involve public interaction.

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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. That is heavy opposition for such a statehood change.

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JonathanTurley

SEPTEMBER 1, 2023

District Court for the Western District of Texas ruled that a Texas law requiring age-verification and warning labels about the alleged dangers of porn contravenes the First Amendment. The lawsuit challenged the Texas law, which was set to go into effect Sept. I do view this law as containing unconstitutional elements.

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JonathanTurley

MARCH 11, 2022

However, these Democrats insist that a unilateral decision from Ferriero declaring it ratified would mean it is ratified … at least until some courts say otherwise. Democratic members and advocacy groups have pushed to pack the Supreme Court with an instant liberal majority. In 1981, a federal district court ruled in Idaho v.

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SCOTUSBlog

APRIL 9, 2021

Share President Joe Biden will issue an executive order to create a commission to study potential reforms to the Supreme Court, the White House announced on Friday. In its statement, the White House indicated that the commission will be a bipartisan one, made up of experts “on the Court and the Court reform debate.”

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JonathanTurley

MAY 16, 2022

Virginia , was based on different constitutional grounds and would not be negated by this opinion. While the court did discuss the due process right to marriage, it was primarily handed down on equal protection grounds due to the inherent racial classification. The claim is even less credible legally than it is politically.

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JonathanTurley

SEPTEMBER 17, 2022

The keynote address will cover “ Emerging Cases and Controversies Before the Roberts Supreme Court.” ” It is a particular privilege to address the conference on Constitution Day. We are experiencing a crisis of faith in our Constitution, including attacks on the Court and individual justices.

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JonathanTurley

SEPTEMBER 16, 2023

The bizarre story of Susanna Gibson and her running as a candidate for the House of Delegates has occupied much of the conversations around Virginia, where I live. Virginia State Sen. Indeed, the site shows a long-standing anomaly in our criminal law. Indeed, even the service provider itself is protected under the law.

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JonathanTurley

JUNE 7, 2021

Joe Manchin , President Biden may be thinking of offering his voracious dog, Major, to the West Virginia Democrat. For example, many senators want to add as many as four new Supreme Court justices to give liberals an instant, controlling majority on the court. When it comes to Sen. Official White House Photo/Adam Schultz).

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JonathanTurley

DECEMBER 29, 2023

He has been removed from his position, though the now unhappy couple could now challenge the action in the courts. It is reminiscent of the recent controversy involving Virginia Democratic candidate Susanna Gibson who was shown to have engaged in sex acts on the Internet with her husband.

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