SCOTUSBlog

DECEMBER 6, 2022

Share The Supreme Court heard a confusing and wide-ranging discourse yesterday in MOAC Mall Holdings LLC v. For the generalist Supreme Court follower, the case is a technical one, involving the authority of a court of appeals to review a bankruptcy order authorizing a bankrupt tenant to sell its interest in a lease.

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Constitutional Law Reporter

DECEMBER 2, 2024

Supreme Court has agreed to consider a closely watched Louisiana redistricting dispute involving a map that created a second majority-Black congressional district in the state. Facts of the Case The cases spring from more than two years of litigation, in which two separate groups of voters have challenged Louisianas congressional maps.

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SCOTUSBlog

OCTOBER 10, 2022

Share In 2018, California voters approved Proposition 12, a ballot initiative that its supporters describe as the country’s strongest law to protect farm animals. On Tuesday, the Supreme Court will hear oral argument in a challenge to the constitutionality of the law.

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Paralegal Bootcamp

NOVEMBER 18, 2022

I’m going back to the days when I was a litigation paralegal. The case was over, and the partner in charge of that case was also in charge of the firm’s entire litigation department. If you’re reading this and you were a litigation paralegal in the 90s before eDiscovery became mainstream, you know what I’m talking about.

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Constitutional Law Reporter

JUNE 3, 2022

Supreme Court held that the Fifth Circuit Court of Appeals erred in adopting an arbitration-specific rule conditioning a waiver of the right to arbitrate on a showing of prejudice. Then—nearly eight months after Morgan filed the lawsuit— Sundance moved to stay the litigation and compel arbitration under the FAA. In Morgan v.

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Constitutional Law Reporter

OCTOBER 27, 2022

Supreme Court started its October 2022 Term with an environmental case that is poised to make waves. While the CWA defines the term “navigable waters” as “waters of the United States, including the territorial seas,” the precise scope of “waters of the United States” (WOTUS) has been subject to frequent litigation. Facts of the Case.

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Constitutional Law Reporter

JUNE 5, 2024

Supreme Court held that a district court’s failure to comply with Federal Rule of Criminal Procedure 32.2(b)(2)(B)’s After a jury convicted McIntosh, the District Court imposed a forfeiture of $75,000 and the BMW at the sentencing hearing. The Second Circuit Court of Appeals affirmed. In McIntosh v.

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Constitutional Law Reporter

AUGUST 6, 2024

Supreme Court upheld a city ordinance that imposes criminal penalties on homeless sleeping outside. According to the Court, the enforcement of generally applicable laws regulating camping on public property does not constitute “cruel and unusual punishment” prohibited by the Eighth Amendment to the U.S. Boise , No.

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Constitutional Law Reporter

OCTOBER 21, 2024

Supreme Court heard oral arguments in four cases this week. The issues before the Court involved immigration, RICO suits, and giving veterans the benefit of the doubt. Environmental Protection Agency , which involves enforcement of the Clean Water Act (CWA), a frequent source of Supreme Court litigation.

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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. Newsom , 593 U.

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Constitutional Law Reporter

OCTOBER 18, 2023

Supreme Court next term. The justices recently granted certiorari in two cases challenging state laws that restrict social media companies’ ability to moderate content on their platforms. The key issue before the Court is whether the Texas and Florida laws violate the First Amendment. The court held that S.B.

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Constitutional Law Reporter

NOVEMBER 2, 2022

Supreme Court heard oral arguments in four cases last week. The Court previously held in Campbell v. Below is a brief summary of the three other cases before the Court: National Pork Producers Council v. Decisions in all of the cases are expected before the Court’s term concludes in June 2023. Acuff-Rose Music , 510 U.S.

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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

JUNE 23, 2022

As predicted , the Supreme Court handed down a momentous opinion in favor of Second Amendment rights today in New York State Rifle & Pistol Association, Inc. In 2008, the Supreme Court recognized the right to bear arms as an individual right in District of Columbia v. Penal Law § 400.00(2)(f) ” New York Gov.

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Constitutional Law Reporter

MAY 3, 2022

Supreme Court held that Texas can’t execute a man death row unless it allows his pastor to pray and lay hands on him while he is executed. With less than a month until his execution date, and no ruling on his Step 2 grievance, Ramirez filed suit in Federal District Court on August 10, 2021. Supreme Court’s Decision.

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Constitutional Law Reporter

JUNE 1, 2023

Supreme Court held that death row inmate Rodney Reed did not wait too long to seek DNA testing of the evidence in his case. According to the Court majority, when a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations for a 42 U.S.C.

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SCOTUSBlog

JUNE 27, 2022

Bruen invokes the authority of history but presents a version of the past that is little more than an ideological fantasy, much of it invented by gun-rights advocates and their libertarian allies in the legal academy with the express purpose of bolstering litigation such as Bruen. Bruen does mark a new low for the court.

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Blackstone Career Institute

DECEMBER 26, 2024

With a curriculum that covers general law terms, protocols, and ethics, the topics include an understanding of the process of criminal procedure, how partnerships and corporations are created, the essential elements of constitutional law, a knowledge base of law definitions, job search techniques, and ethics related to the paralegal industry.

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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

MARCH 9, 2021

If Georgia Gwinnett College wanted to foster greater unity in its use of “free speech zones,” it succeeded in prompting a near unanimous Supreme Court in ruling against it in favor of free speech this week. The Supreme Court has now said enough. Associate Justice Clarence Thomas wrote in Uzuegbunam v.

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LexForti

JUNE 4, 2021

It would be imperative to take into cognizance the concept of jurisdiction which is a conglomeration of two terms, such as juris (meaning “law”) and diction (meaning “to speak”), which can be translated as presuming the appropriate forum that has the potential to “speak the law.”

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Constitutional Law Reporter

MAY 14, 2024

Supreme Court held that the Federal Arbitration Act’s (FAA) exemption for transportation workers in interstate commerce applies to transportation workers regardless of whether they work in the transportation industry. Supreme Court’s Decision The Supreme Court unanimously reversed. “A In Bissonnette v. LePage Bakeries Park St.,

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JonathanTurley

NOVEMBER 28, 2022

Below is my column in The Hill on what is shaping up to be a major Supreme Court term on the issues of parody and satire under the First Amendment. The Court could reframe the constitutional limits for criminal and civil liability in two cases currently on the docket, including one recently granted review. VIP Products LLC.

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Constitutional Law Reporter

OCTOBER 9, 2023

Supreme Court held that challengers showed a reasonable likelihood of success on their claim that an Alabama Congressional redistricting plan likely violated Section 2 of the Voting Rights Act. In reaching its decision, the Court confirmed that the Voting Rights Act prohibits discriminatory effects, not just discriminatory intent.

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SCOTUSBlog

JUNE 29, 2022

Esther Sanchez-Gomez is the senior litigation attorney with Giffords Law Center. Last week, the juris doctors of the Supreme Court looked at the gun violence epidemic in our country and prescribed more of what we already have in abundance: fear. To whatever extent that point held water in McDonald , it strains credulity here.

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Constitutional Law Reporter

FEBRUARY 16, 2023

Supreme Court issued its first opinion of the 2022-2023 Term. S. _ (2023), a unanimous Court held that the effective date of an award of service-related disability compensation to a veteran of the United States military determined pursuant to 38 U.S.C. §§ 5110(a)(1) and 5110(b)(1) is not subject to equitable tolling. In Arellano v.

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Constitutional Law Reporter

DECEMBER 14, 2022

The Supreme Court heard oral arguments in five cases last week. Two of the cases involve whether litigants must wait for administrative proceedings to conclude before challenging the authority of federal agencies in federal court. Below is a brief summary of the cases before the Court: Securities and Exchange Commission v.

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JonathanTurley

JULY 12, 2021

The highlight of the package, though, is a new law allowing people harmed by firearms to sue the manufacturers. Not only does that law face serious constitutional challenges but similar lawsuits brought on similar grounds have failed miserably in the courts. Either way, it is not the law being pitched to the public.

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Conflict of Laws

JUNE 10, 2024

Taking advantage of the singularities shared between the conflict mobile and the positive conflict of nationalities, this analysis suggests applying to African dual nationals the law of their secondarily acquired nationality corrected, if possible, by the exception of dual nationality. Written by Pr.

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Constitutional Law Reporter

JUNE 4, 2021

Supreme Court unanimously held in Carr v. Saul, 593 U.S. _ (2021) , that the principles of issue exhaustion do not require Social Security disability claimants to argue at the agency level that the administrative law judges hearing their disability claims were unconstitutionally appointed. Supreme Court decided Lucia v.

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Broadcast Law Blog

MARCH 16, 2017

The Florida case has been referred to that state’s highest court for an advisory ruling on the state of the state’s law on the issue, and earlier this week, the same thing happened in California. A decision on this issue in any state is binding only in that state. A decision on this issue in any state is binding only in that state.

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Constitutional Law Reporter

MAY 1, 2023

Supreme Court held that the Quiet Title Act’s statute of limitations is a claim-processing rule rather than a bright-line rule that constrains a court’s jurisdiction. Justice Sonia Sotomayor wrote on behalf of the Court. Supreme Court’s Decision The Supreme Court reversed by a vote of 6-3. In Wilkins v.

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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. Litigation about the Rule ensued, and the Supreme Court granted review of the Second Circuit’s opinion.

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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 31, 2021

Three University of Florida political science professors have told a federal court that the university barred them from assisting plaintiffs in a challenge to the state’s new voting laws. As state employees, they were told that litigating against a state law would be “adverse to U.F.’s

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JonathanTurley

APRIL 2, 2022

Now, an appellate court has upheld a $25 million judgment against the small college and Oberlin earned every penny of that penalty. Oberlin maintained in court filings that the son and grandson of the owners of Gibson’s Bakery “violently and unreasonably attacked” an unarmed student, but that is not how the police viewed it.

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Constitutional Law Reporter

APRIL 8, 2021

Supreme Court held that the deliberative process privilege provides protection from disclosure under the Freedom of Information Act (FOIA) to in-house draft biological opinions that are both predecisional and deliberative, even if the drafts reflect the agencies’ last views about a proposal. Supreme Court’s Decision.

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